Denying An Arrest After Expungement

[rls_104]

Does anyone know if once an expungement is granted in Pennsylvania, can the recipient of the expungement legally deny the arrest as having ever occurred. I have not been able to find anything definative with regards to this. I did find one attorneys web site that states it can be legallt denied.

Thanks in advance.

[aaron]

18 Pa. Cons. Stat. Ann. § 9102 defines expungement as,

1. To remove information so that there is no trace or indication that such information existed;

2. to eliminate all identifiers which may be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or

3. maintenance of certain information required or authorized under the provisions of section 9122(c) (relating to expungement), when an individual has successfully completed the conditions of any pretrial or posttrial diversion or probation program.

Note, that's an unofficial version of the statute. The statute isn't as clear as I would like, but if in fact the information is removed "so that there is no trace or indication that such information existed" it reasonably follows that you can deny that the arrest occurred. I suggest trying to confirm this with the clerk's office at the court which granted expungement.