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  1. #1

    Default How Does Expungement Work in Pennsylvania

    My question involves expungements or pardons for the state of: Pennsylvania. In 2006 I was arrested in Maryland for a warrant out of York, PA for prescription forgery and the second count was " obtaining a controlled substance under misrepresentation". I wrote the rx out as prescribed to my girlfriend, thats where the misrep comes from. I had no idea I was wanted because the pharmacist gave me the meds but called the Doctor to verify later. Sorry for all the details.
    I obtained a lawyer out of Gettysburg since I was living in Maryland and wanted someone who knew PA law. I was given a notice to appear at the York Magistrate office for a bail review and was released on my own recog. The next hearing was at the York County Courthouse ( sorry, I know its not referred to as a district court like in Maryland but regardless, the Judge told me to see a certain drug addiction counselor for an evaluation before my final hearing for sentencing. Of course being addicted to every pain pill made at the time, I never went to PA for the evaluation. At court, the judge was actually very nice to me, he did not sentence me, but did have me taken into custody until the evaluation. He did this for my own pertection due to a suicide attempt two weeks prior to court. I had never been arrested and was so scared of the thought of jail along with my depression and addiction that death seemed like a better idea.
    So, after 91 days in York County Prison, the addiction counselor came to evaluate me and suggested I be released immediatley and complete a 30 day inpatient drug treatment program, paid by myself or the state of Maryland. So, within 48 hours, I was back in court, recieved 3 years probation, 500 dollars in fines, mandatory rehab, and considered myself very lucky. I was facing anywhere from 2 1/2 to 3 years upstate PA. I have completed my probation almost a year ago as well as paid all fines and obviously completed the rehab program. I have not been in any trouble since and never was before this stupid decision of mine. Can you expunge a felony in PA? Do you have to request a pardon from the governor, or the judge, or is this only for misdemeanors? Sorry for my life story its just I cant seem to get an answer from a PA lawyer without him trying to get me to come to PA and pay atleast $250.00 just to discuss it. I have a masters degree in marketing from University of MD and cant get a job at a grocery store with this on my record. If anyone can help with advice, please do. Thank you very much.

  2. #2
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    Default Re: How Does Expungement Work in Pennsylvania

    As is explained here, for any crime other than a summary offense (yours was a felony), you must obtain a pardon in order to be eligible for an expungement.
    Quote Quoting 18 PaCS 9122. Expungement - Dissemination of Criminal History Record Information
    (a) Specific proceedings. - Criminal history record information shall be expunged in a specific criminal proceeding when:
    (1) 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;

    (2) a court order requires that such nonconviction data be expunged; or

    (3) a person 21 years of age or older who has been convicted of a violation of section 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) petitions the court of common pleas in the county where the conviction occurred seeking expungement and the person has satisfied all terms and conditions of the sentence imposed for the violation, including any suspension of operating privileges imposed pursuant to section 6310.4 (relating to restriction of operating privileges). Upon review of the petition, the court shall order the expungement of all criminal history record information and all administrative records of the Department of Transportation relating to said conviction.
    (b) Generally. - Criminal history record information may be expunged when:
    (1) 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.

    (2) An individual who is the subject of the information has been dead for three years.

    (3)
    (i) An individual who is the subject of the information petitions the court for the expungement of a summary offense and has been free of arrest or prosecution for five years following the conviction for that offense.

    (ii) Expungement under this paragraph shall only be permitted for a conviction of a summary offense.
    (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 3127 (relating to indecent exposure).

    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 or where the court has ordered expungement under this section. Such information shall be used solely for the purposes of determining subsequent eligibility for such programs, identifying persons in criminal investigations or determining the grading of subsequent offenses. 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 repository 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).

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