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  1. #1
    Join Date
    Jan 2011
    Posts
    6

    Default Can Dismissed Charges Be Removed from Your Criminal Record

    Having an issue with someone who gave my name and info to cops when he got caught shoplifting twice. The first case the judge dismissed the case not sure if with or withour predjuice (he said cop could refile but would have to come up with more evidence or he would dismiss it again) and second time the person walked out of the store as they were checking MY info so charges were filed against ME but I was not served with arrest papers. Over a year later I was stopped for a traffic violation (brake light out). Then the arrest warrant for case #2 was found (I had no knowledge) so I spent the night in jail. Then got a public defender who got charges dismissed because it was over 1 year and I was not served. That doesn't say I didn't commit the crime, but it got the charge sdropped. Can I have both charges removed from my record? Do I have any recourse for spending time in jail on the arrest that was not legal (after 1 year and not served with papers not even considering it actually WAS NOT me!). I'm living in a nightmere. I am disabled. I get $544.00 a month for bills and medicine, docs, food etc so no $ for attorney. If I can have these removed how can I do it myself? Thanks for the info.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    74,801

    Default Re: Can Dismissed Charges Be Removed from Your Criminal Record

    Leaving identity theft issues aside for the moment, it appears that there's an automatic sealing, of sorts, for non-conviction information under 18 Pa.C.S.A. 9121(b):
    Quote Quoting 8 Pa.C.S.A. 9121(b)
    (b) Dissemination to noncriminal justice agencies and individuals. -- Criminal history record information shall be disseminated by a State or local police department to any individual or noncriminal justice agency only upon request. Except as provided in subsection (b.1):

    (1) A fee may be charged by a State or local police department for each request for criminal history record information by an individual or noncriminal justice agency, except that no fee shall be charged to an individual who makes the request in order to apply to become a volunteer with an affiliate of Big Brothers of America or Big Sisters of America or with a rape crisis center or domestic violence program.

    (2) Before a State or local police department disseminates criminal history record information to an individual or noncriminal justice agency, it shall extract from the record all notations of arrests, indictments or other information relating to the initiation of criminal proceedings where:

    (i) three years have elapsed from the date of arrest;

    (ii) no conviction has occurred; and (iii) no proceedings are pending seeking a conviction.
    In terms of expungement under 18 Pa.C.S.A. 9122, that statute only applies after the age of seventy, death, or following ARD on a summary offense (with a five year waiting period).

    In terms of identity theft, you can contact the state police about having the information removed from your record on that basis; however, as it stands it may be difficult for you to establish that either case in fact involved identity theft. Also, per their faq sheet (linked here), they will not remove information attributed to identity theft if you are the victim of identity theft by two or more other people; I expect that's because they suspect complicity. I don't know how that would factor into their review of a claim of identity theft on two occasions by one or more unknown persons. It sounds like there would be a complete lack of evidence (fingerprints or photographs being strong evidence of identity) that might identify this other person, let alone help establish that this person was not you.

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