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Simple Assault in Pennsylvania

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  • 04-16-2007, 04:43 AM
    LostinPA
    Simple Assault in Pennsylvania
    I am new to this forum. I come here looking for info as I am becoming very distressed at not being able to obtain a job. I've lost my girl of 9 years and she took my 21 month son with her to stay with her mom for now and I'm living in our newly bought house (2004) w/o having an income. We still have the same bank account and both our names are on the mortgage, which is why I am able to still stay here at the present time. We are trying to work things out slowly between us, but one huge factor in us working things out is that I obtain and hold a job asap to help with our mutual bills and debts. I've been applying to many places, even places like Fed-ex, whom usually hire most anyone because its just a p/t labor position.

    I have got responses and interviews from companies and everything looks on the up and up until the Background check. I am not understanding why a 1 count misdemeanor Simple Assault charge is dq'ing me from everything I've tried thus far. Obviously, since I do not have a personal income, I cannot afford legal advice from a laywer in my immediate area and I am in dire need of some advice.

    The only thing on my criminal background is the Simple Assault(2003) and Harrasment(as far as I'm aware, it isn't even a criminal charge but still on my record)

    I am about to lose everything over a misdemeanor and I have no where to go without an income, Please help.
  • 04-16-2007, 06:35 AM
    seniorjudge
    Re: Simple Assault in PA
    Are you sure that it is the background check that is causing you problems?

    Did any prospective employer tell you that?
  • 04-16-2007, 08:18 AM
    LostinPA
    Re: Simple Assault in PA
    Well, the employers never really make it clear why they didn't hire me. I go through the application process and am qualified for the certain position and then after the background check comes back, they say they don't have a position for me.
  • 04-16-2007, 09:44 AM
    aaron
    Re: Simple Assault in PA
    The first thing you need to do is find out what is on your record. You say you don't know, and we can't help you by guessing.
  • 04-16-2007, 12:41 PM
    LostinPA
    Re: Simple Assault in Pennsylvania
    This is what is on a copy of an investigative report by Carco Research when I applied to Pepsi Bottling group.


    Jurisdiction: STATEWIDE
  • 04-16-2007, 12:44 PM
    seniorjudge
    Re: Simple Assault in Pennsylvania
    Quote:

    Quoting LostinPA
    View Post
    How do I find out what is on my record?

    Call the state patrol/police. Ask them if they do background checks. If they do, ask for one on yourself.
  • 04-16-2007, 01:18 PM
    LostinPA
    Re: Simple Assault in Pennsylvania
    This is what is on a copy of an investigative report by Carco Research when I applied to Pepsi Bottling group.



    Category Description Status

    Criminal Cumberland, PA-Felony/Misdemeanor Meets Hiring Criteria
    Statewide, PA-Felony/Misdemeanor does Not meet hiring criteria
    York, PA-Felony/Misdemeanor does not meet hiring criteria



    Jurisdiction: STATEWIDE
    Searched: 7 Years
    Court: York County


    Date of Charge: 11/07/2003
    Charge:
    Disposition: Plead Guilty
    Convicted of: Simple Assault
    Type of Offense: Misdemeanor
    Sentance Date: 02/24/2004
    Sentence: 90 days to 23 months house arrest, 358.34 costs/fees
    .................................................. ......................................
    Date of Charge: 11/07/2003
    Charge:
    Disposition: Plead Guilty
    Convicted of: Harassment-physically strike/kick/etc (This is not a Crime)
    Type of Offense: Summary
    Sentence Date: 02/24/2004
    Sentence: See above for sentence information


    The next page has all the same info except that the Jurisdiction = York


    I also have the Court Docket # but have no idea if that is helpful or if I can research that myself.
  • 04-16-2007, 01:37 PM
    aaron
    Re: Simple Assault in Pennsylvania
    Pennsylvania's system of expungement following a guilty verdict appears to be bifurcated.

    First, you must obtain a pardon from the governor in relation to the past conviction. The Pennsylvania Board of Pardons offers downloadable instructions on applying for a pardon.

    Second, you must file a petition to expunge your arrest record. The procedure for obtaining an expungement is set forth on the Allegheny Courts website.

    A local lawyer may be able to suggest an easier alternative
  • 04-16-2007, 03:37 PM
    LostinPA
    Re: Simple Assault in Pennsylvania
    Well, my question still stands. Why am I getting repeatedly rejected for jobs when I only have a misdemeanor on my record??

    I started with the gov't on Jan 15, 2004 being a Federal civilian employee on a military base in my local area doing shipping/receiving of supplies to troops in the military branches and had no problem getting the job, even though the original charge of Aggravated assault was still pending. I plead guilty to the charges that I posted in my post above on 2/24/04. I retained my job until I decided to take a job offer in the civilian sector and resigned on 12/15/06. The job offer was from Pepsi Bottling group and the partial background check from them is what I posted above, which they dragged their feet for over a month to get completed and then I didnt get the job anyhow because of the Investigative report from Carco.

    So, as you can see, being that I was able to get into the Department of Defense w/o issue, I saw no problem accepting the job offer from Pepsi, which paid better and had the work hours I needed and at no time expected to be d/q'd for a bad background report.
  • 04-03-2009, 06:04 AM
    LEGALGIRL
    Re: Simple Assault in Pennsylvania
    Quote:

    Quoting aaron
    View Post
    Pennsylvania's system of expungement following a guilty verdict appears to be bifurcated.

    First, you must obtain a pardon from the governor in relation to the past conviction. The Pennsylvania Board of Pardons offers downloadable instructions on applying for a pardon.

    Second, you must file a petition to expunge your arrest record. The procedure for obtaining an expungement is set forth on the Allegheny Courts website.

    A local lawyer may be able to suggest an easier alternative

    It is possible to have a criminal record expunged.
    However, you may only file an expungement if the charges against you were dismissed, suspended, nolle prossed or you were found not guilty. If your case resulted in a guilty verdict, your only chance for expungement is to obtain a Governor’s Pardon. If you interested in an Expungement in Allegheny County PA contact Department of Court Records-Criminal Division at 412-350-3271.
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