PA - First time MJ and para. charges. Expunge from record?

[weezer8802]

What is the name of your state? PA

A friend and I were smoking pot in a parking lot, and someone saw us and called the police. The cop made us both step out of the car. I told him right away I wasn't speaking. He said he could smell the weed. My friend (probably stupidly) told him that there was a pipe and small amount (less than a gram) of weed in the car.

I've got a court date in a little less than two months. This is my first offense, I'm 18 and about to go to college next fall. What can I expect to face here? I've heard of ARD programs. Do I need to have an attorney to get into something like that?

Also, is hiring an attorney worth it for this? What I'm most worried about is my record, I want to do whatever it takes to get this expunged if at all possible. What do I need to do to get it expunged? And is an attorney necessary for this as well?

Basically my main question is, how necessary is it I get an attorney for a first time, relatively minor offense like this?

Also, I've already applied for my financial aid, before any of this happened. If my financial aid process is already complete by the time I go to court, will that affect my status at all?

I'm in a really bad situation here. Please help.

 

[racer72]

What do I need to do to get it expunged?

Get convicted of the crime and wait a few years. Go back to court and prove you have been a good boy and your record will be sealed.

And is an attorney necessary for this as well?

Your odds of being successful in court will improve dramatically. But being as this is a relative harmless misdemeanor, even a conviction may not hurt unless you have plans for a career in law enforcement or a job that would require a security clearance.

 

[FlyingRon]

Also, is hiring an attorney worth it for this? What I'm most worried about is my record, I want to do whatever it takes to get this expunged if at all possible. What do I need to do to get it expunged? And is an attorney necessary for this as well?

You need a lawyer. If you are 18, and you get convicted it is pretty much impossible in PA to get any sort of expungement.

Basically my main question is, how necessary is it I get an attorney for a first time, relatively minor offense like this?

Well you can ask the DA if he'll consider ARD, but the best bet is to get a lawyer to examine what your options for ARD vs. defense, etc...

 

[FlyingRon]

Get convicted of the crime and wait a few years. Go back to court and prove you have been a good boy and your record will be sealed.

Not in Pennsylvania. You gotta be dead or close to it to get that to happen.

 

[cyberspook]

Get convicted of the crime and wait a few years. Go back to court and prove you have been a good boy and your record will be sealed.


Your odds of being successful in court will improve dramatically. But being as this is a relative harmless misdemeanor, even a conviction may not hurt unless you have plans for a career in law enforcement or a job that would require a security clearance.

Hay Tard!!! Don't tell the OP that this may be harmless or will not hurt. The OP is 18 years old. He/She doesn't have a clue what they may want in the future for employment or security clearances.

 

[chase123]

I spoke to an officer in our township (PA suburb) because my 17 yr old son is in a similar situation. The officer said that an adult with a small amount (personal use) and no prior problems may be plea bargained down to disorderly conduct with community service and fine. That is if it's at the district judge level. Unfortunately my son was arrested in a different township and apparently will go to juvenile court although we hope to retain an attorney next week and find out more information.
I am also very concerned about the future impact. For example, what about college applications?

 

[FlyingRon]

Minor disorderly conduct citations are probably not going to cause him too much grief in the future.