Re: expungement recommendation

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Posted by rl on December 21, 2002 at 11:09:37:

In Reply to: expungement recommendation posted by jessica_pa on December 20, 2002 at 15:57:42:

: as I stated in the last post. Actually, I just checked with the court clerk. It's just that the DA's office sent in the matter to deny the petition --> It needs to be decided by judge again in the hearing. What does it mean? What is it going to be? Anybody knows the law, please help me

: What should I do? I talked with the ADA (assistant district attorney), he said that he cannot give me any advice because it is unethical.

: I spoke with the secretery at DA, she said maybe my petition was not specific enough. I requested to have the arrest and fingerprint sealed/expunged.

: Should I hire the lawyer?
: If it is denied, what is going to show if someone do background check when I applied the job. The criminal part was withdrawn, but the summary offense of DC is "plead guilty".
**This sounds a bit like my situation in NY.
My "criminal" part was withdrawn(sealed) in NY and fingerprints sealed. That means that if I was fingerprinted for a non-law enforcement job in NY, the rap sheet would come back with "no criminal record reported". This was because according to 160.55 of the NY criminal procedure law, the fingerprints are destroyed and all records pertaining to the arrest and prosecution are sealed from the police dept, the state criminal records division and the DA when one pleads guilty to a non-criminal offense. However, since there was still guilt of an offense, the court record still stands open.

Now, if someone did a search of the NY area court records, they would see the fact that I was in court and pled guilty to an offense and the sentence received. But the original charge would be reported as "sealed". So the record kind of appears like a civil one instead of a criminal one.

If you speak to the right people and do some research on Pa statutes, I would bet you would find out exactly what your record will show if you cannot obtain the expungement.

Like I said before, is your DC a "crime" in Pa or just a violation? With a conviction on your record, most likely if someone did a court record search, your record would show that you were in court and pled guilty to DC. Find out if the arrest would appear on that record as well.

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: : as I stated in the last post. Actually, I just checked with the court clerk. It's just that the DA's office sent in the matter to deny the petition --> It needs to be decided by judge again in the hearing. What does it mean? What is it going to be? Anybody knows the law, please help me

: : What should I do? I talked with the ADA (assistant district attorney), he said that he cannot give me any advice because it is unethical.

: : I spoke with the secretery at DA, she said maybe my petition was not specific enough. I requested to have the arrest and fingerprint sealed/expunged.

: : Should I hire the lawyer?
: : If it is denied, what is going to show if someone do background check when I applied the job. The criminal part was withdrawn, but the summary offense of DC is "plead guilty".
: **This sounds a bit like my situation in NY.
: My "criminal" part was withdrawn(sealed) in NY and fingerprints sealed. That means that if I was fingerprinted for a non-law enforcement job in NY, the rap sheet would come back with "no criminal record reported". This was because according to 160.55 of the NY criminal procedure law, the fingerprints are destroyed and all records pertaining to the arrest and prosecution are sealed from the police dept, the state criminal records division and the DA when one pleads guilty to a non-criminal offense. However, since there was still guilt of an offense, the court record still stands open.

: Now, if someone did a search of the NY area court records, they would see the fact that I was in court and pled guilty to an offense and the sentence received. But the original charge would be reported as "sealed". So the record kind of appears like a civil one instead of a criminal one.

: If you speak to the right people and do some research on Pa statutes, I would bet you would find out exactly what your record will show if you cannot obtain the expungement.

: Like I said before, is your DC a "crime" in Pa or just a violation? With a conviction on your record, most likely if someone did a court record search, your record would show that you were in court and pled guilty to DC. Find out if the arrest would appear on that record as well.

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