expungement policy/procedure in Pennsylvania

[scared wife]

My husband has almost completed his Masters in Elementary Education, but he was told he probably won't recieve his teaching certificate. When he was 21, at the advise of his attorney, plead guilty to Simple Assult. He didn't hit anybody, but he was with another guy that was fighting so charges were filed on both of them. It was is first offense ever!! It's been 10 years. Can this really ruin his future? Is there a process to expunge a record from that long ago for a 1st offense misdemeanor? Where can I get additional information. I'm scared we made all of these sacrifices for nothing.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

This is why I would never litigate. Eesh, ok.

You want expungement procedures in Pennsylvania. As I am sure you already read the question and answer on expungement (general info) at the freeadvice.com homepage under Criminal Law. Here is additional information you seek. The link in #3 is the link to the forms or processes you need.:

1. This is one thing I found with the corresponding link:
Comment
The cases have held that a defendant’s arrest record shall be expunged upon successful completion of an ARD program, unless the Commonwealth presents compelling reasons why the arrest record should be retained. See, e.g., Commonwealth v. Armstrong, 495 Pa. 506, 434 A.2d 1205 (1981). Cf., Commonwealth v. Wexler, 494 Pa. 325, 431 A.2d 877 (1981). For processes and limitations with regard to expungement generally, see Section 9122 of the Criminial History Record Information Act, 18 Pa.C.S. § 9122 (1983). See also, Vehicle Code, § § 1534(b) and 3731(e)(2), added by Act of December 15, 1982, No. 289, P. L. 1268, § § 3 and 9, 75 Pa.C.S. § § 1534(b) and 3731(e)(2) (Supp. 1989).
Source
The provisions of this Rule 186 adopted April 10, 1989, effective July 1, 1989, 19 Pa.B. 1826.
http://search.pacode.com/cgi-bin/wg2?WAISdocID=1587824657+1+0+0&WAISaction=retrieve

2. Here is the second one I found:
Rule 9017. Contents of Order for Expungement.
Every order for expungement shall include:

(1) the defendant’s name, date of birth, and social security number;

(2) the OTN;

(3) the district justice docket number and the magisterial district number, or the Municipal Court docket number;

(4) the court of common pleas docket number, if any;

(5) the specific charges, as they appear on the charging document, to be expunged;

(6) the date of arrest and the criminal justice agency which made the arrest;

(7) the disposition;

(8) the reason for expungement; and

(9) the criminal justice agencies upon which certified copies of the order shall be served.


Official Note

Adopted February 24, 1993, effective July 1, 1993.

Comment

This rule sets forth the information that must be included in every expungement order, but is not intended to be an exclusive list.

When a summons instead of an arrest warrant is issued pursuant to Rule 102, the date of the summons constitutes the ‘‘date of arrest’’ for purposes of paragraph (6).

For purposes of this rule, ‘‘criminal justice agency’’ includes police departments, county detectives, and other law enforcement agencies. See also 18 Pa.C.S. § 9102.

The ‘‘reason for expungement’’ in paragraph (8) means, for example, acquittal, successful completion of ARD, or age.

Committee Explanatory Reports: Report explaining the provisions of the new rule published with the Court’s Order at 23 Pa.B. 1134 (March 13, 1993).

Source

The provisions of this Rule 9017 adopted February 24, 1993, effective July 1, 1993, 23 Pa.B. 1134.
http://www.pacode.com/secure/data/234/chapter9000/chap9000toc.html#9017.

3. http://www.courts.state.pa.us/Index/SupCtCmtes/CrimRulesCmte/rulescrim.htm

 

[IrishEyes]

Thank you so very much...that was exactly what I was looking for.

 

[IrishEyes]

Hey Lawrat,

I went to the page you told me to, but didn't find the info I was looking for. There was some info under the ARD program, but he was told by his attorney that Simple Assult can't be ARD'd. Any other helpful info?

 

[Pacitizen]

Hi and Good Luck

Everything related to "crimes and offenses" is in Title 18 of the Pa. code

Here is a good site for Pa. statues http://members.aol.com/StatutesPA/Index.html

But Here is exactly what your looking for
http://members.aol.com/StatutesP9/18.Cp.91C.html

§ 9122. Expungement.
(a) Specific proceedings.--Criminal history record information shall be expunged in a specific criminal proceeding when:

no disposition has been received or, upon request for criminal history record information, no disposition has been recorded in the repository within 18 months after the date of arrest and the court of proper jurisdiction certifies to the director of the repository that no disposition is available and no action is pending. Expungement shall not occur until the certification from the court is received and the director of the repository authorizes such expungement; or
a court order requires that such nonconviction data be expunged.

(b) Generally.--Criminal history record information may be expunged when:

an individual who is the subject of the information reaches 70 years of age and has been free of arrest or prosecution for ten years following final release from confinement or supervision; or
an individual who is the subject of the information has been dead for three years.

(b.1) Prohibition.-A court shall not have the authority to order expungement of the defendant's arrest record where the defendant was placed on Accelerated Rehabilitative Disposition for a violation of any offense set forth in any of the following where the victim is under 18 years of age:


Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3124.1 (relating to sexual assault)
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 5902(b) (relating to prostitution and related offenses).
Section 5903 (relating to obscene and other sexual materials and performances).

(c) Maintenance of certain information required or authorized.--Notwithstanding any other provision of this chapter, the prosecuting attorney and the central repository shall, and the court may, maintain a list of the names and other criminal history record information of persons whose records are required by law or court rule to be expunged where the individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. Such information shall be used solely for the purpose of determining subsequent eligibility for such programs. Criminal history record information may be expunged as provided in subsection (b)(1) and (2). Such information shall be made available to any court or law enforcement agency upon request.

(d) Notice of expungement.--Notice of expungement shall promptly be submitted to the central respository which shall notify all criminal justice agencies which have received the criminal history record information to be expunged.

(e) Public records.--Public records listed in section 9104(a) (relating to scope) shall not be expunged.

(f) District attorney's notice.--The court shall give ten days prior notice to the district attorney of the county where the original charge was filed of any applications for expungement under the provisions of subsection (a)(2).


Also see title 22 chapter 8 for more on educator laws
http://www.pacode.com/secure/data/022/chapter8/chap8toc.html


This site has most of the Pa. codes but not statutes
http://www.pacode.com/cgi-bin/pacode/secure/titles.pl

hope this helps

Pa.

[This message has been edited by Pacitizen (edited October 14, 2000).]

[This message has been edited by Pacitizen (edited October 14, 2000).]