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Expungement of summary offense after 5 years - PA

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gem68

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

Hello all!

Wanted to post here since you have all given great advice to me in the past.

In about a year I will hit the 5 year mark of my summary offense. I understand it's at this point I can apply for an expungement. I've googled and most what I can find are just lawyers advertising for the services. I am ready to pay for a lawyer when the time comes, just hoping to get some idea of what the process entails.

Namely just a couple questions:
1. Is it a given that this can be expunged so long as my criminal record is clean for 5 years?
2. I've had a couple traffic tickets since then, will this have any bearing on the ultimate expungement?
3. Will this mean I'm totally clear criminal history wise when it comes to job background checks? I lucked out a couple years ago and this didn't show up, but that doesn't mean it won't in the future.
4. What I did could have put me away for years as a felony assault, but the responding officer really must have felt sympathetic at the time and only charged me with "harassment" as a summary offense. Will this come into play at all?
5. Do you have any general advice or knowledge with the whole process?

Thanks in advance!!
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania

... In about a year I will hit the 5 year mark of my summary offense. I understand it's at this point I can apply for an expungement. I've googled and most what I can find are just lawyers advertising for the services. I am ready to pay for a lawyer when the time comes, just hoping to get some idea of what the process entails.

Namely just a couple questions:
1. Is it a given that this can be expunged so long as my criminal record is clean for 5 years?
You can be eligible for expungement if you maintain a clean criminal record for 5 years after the conviction on the offense you wish to have expunged. There are very few "givens" in law, however, so it is not a given that your summary offense from December of 2011 will be expunged.

Here is a link to an informative publication from Penn State University. Provided in the publication is a copy of the expungement form you will be filling out: http://studentaffairs.psu.edu/legalservices/pdf/expungement.pdf

You can scroll to Page 7 of the PSU publication and read Section VI. Eligibility, "Expungement in Summary Cases (Rule 490)." Under (b) it states that you must be free of arrests or prosecutions for any crime for 5 years following conviction on the offense you wish to have expunged. Other arrests or prosecutions include arrests or prosecutions for any additional summary offenses, which can include traffic offenses.

2. I've had a couple traffic tickets since then, will this have any bearing on the ultimate expungement?
Traffic tickets could have a bearing on the ultimate expungement. Traffic tickets can be summary offenses. Here is a link from the Pennsylvania Bar Association with information on traffic violations in Pennsylvania:
http://www.pabar.org/clips/trafficviolations.pdf

3. Will this mean I'm totally clear criminal history wise when it comes to job background checks? I lucked out a couple years ago and this didn't show up, but that doesn't mean it won't in the future.
No, an expungement does not mean you are totally clear criminal-history-wise when it comes to job background checks. Depending on the jobs you are applying for and the background checks used, it can show on the background check that you had an expungement. The expungement may need to be explained on applications for some jobs.

4. What I did could have put me away for years as a felony assault, but the responding officer really must have felt sympathetic at the time and only charged me with "harassment" as a summary offense. Will this come into play at all?
The fact that your felony assault charge was reduced to an harassment summary offense could come into play. A lot of factors can be considered.

5. Do you have any general advice or knowledge with the whole process?
Here is another link to the Pennsylvania Code Rule 490 on expungements that you might find helpful, with information on the Procedure for Obtaining Expungement in Summary Cases; Expungement Order:
http://www.pacode.com/secure/data/234/chapter4/s490.html


My "general" advice is the same as it always is on this forum and that is to review all facts with an attorney in your area. My "knowledge" of the whole process extends to knowing that having an attorney assist can make the process easier. The PSU link I provided has some resources and, although most are primarily resources for Centre County, there are some state resources you might find helpful.

Good luck, gem68.
 

gem68

Junior Member
The fact that your felony assault charge was reduced to an harassment summary offense could come into play. A lot of factors can be considered.



Here is another link to the Pennsylvania Code Rule 490 on expungements that you might find helpful, with information on the Procedure for Obtaining Expungement in Summary Cases; Expungement Order:
http://www.pacode.com/secure/data/234/chapter4/s490.html


My "general" advice is the same as it always is on this forum and that is to review all facts with an attorney in your area. My "knowledge" of the whole process extends to knowing that having an attorney assist can make the process easier. The PSU link I provided has some resources and, although most are primarily resources for Centre County, there are some state resources you might find helpful.

Good luck, gem68.
Thanks so much Quincy!

Just for a clarification I was never charged with anything but the summary offense - no arrest, fingerprints or anything just the ticket mailed to me. I just felt like I did a lot worse than what I was charged with, but I feel I was let off easy.

I will look into all of the info you provided. Thanks for your time!!
 

quincy

Senior Member
Thank you for the clarification, gem68.

And thank you for the thanks. You're welcome. :)

I wish you good luck in getting your record expunged.
 

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