Will son’s underage drinking citation expunged in OH be a second offense if cited in PA?

Q: My son pleaded guilty to underage drinking on a college campus in Ohio Labor Day weekend of 2017. He did the diversion program to completion and submitted paperwork for expungement. It is currently dismissed and should be complete by June 1. Unfortunately, he ran into trouble visiting friends in PA this spring and was cited by a campus police officer for underage drinking. Does he have to disclose his expungement in OH to a judge if asked? Will it be considered a second offense if it happened in a different state? Or considered first offense in PA? the officer told me he would only be asking the judge for community service time at the time of his hearing. Should we ask for a continuance until after the Ohio expungement is finalized before having the hearing in PA with the campus officer? (Pittsburgh, PA)

A: If the prior case happened in PA, the police on the new case would be able to see he had a prior citation for a 6308 offense. Therefore, he would not be eligible for a second chance at a diversion. You would think that police could not find the first case, because it was expunged, but District Attorneys seems to be able to access cases that are expunged. Whether the PA police will be able to see the prior Ohio citation, I am not certain. Your son has no obligation to offer the fact that he does have a prior. Only if he is sworn in to testify and is under oath and asked by the District Justice here in PA, would have to tell the truth. At his new hearing, let the officer tell you if a diversionary program is on the table, and if it is, jump on it.

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