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  1. #1
    Join Date
    Dec 2015
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    28

    Default Removing a Murder Charge From Your Record

    My question involves criminal law for the state of: Pennslyvania

    A friend of mine's brother back in 2009/2010 was charged with murder. He had a public defendant that got him off the hook as the family of the guy he killed in self defense failed to show, several times. But since the court date, he STILL has the murder charge on his record and his lawyer has NOT done anything to get this removed from his record and hasn't found work.

    Is there anything my friend can do to get this charge removed or does he have to take his public defendant to court? He's had a job or two, over the table, that hired him but when they did a background check as they wanted to make him a manager, they fired him because of the murder charge and now has to work less-than-sub par under the table jobs. What does he have to do get this charge he never went to prison to get off his record?

  2. #2
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    Jul 2010
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    Default Re: Murder Charge

    Quote Quoting sedaiv
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    My question involves criminal law for the state of: Pennslyvania

    A friend of mine's brother back in 2009/2010 was charged with murder. He had a public defendant,
    It's public defender, not defendant, for heaven's sake

    Quote Quoting sedaiv
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    *** *********** I believe was his name,
    You should not post the attorney's name, especially when you don't even know for sure that is the right one, lest you say something that might be defamatory.

    Quote Quoting sedaiv
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    that got him off the hook as the family of the guy he killed in self defense failed to show, several times.
    This makes no sense. By off the hook do you mean acquitted or were the charges dismissed? What does the family being there have to do with anything? Were they witnesses for the prosecution? Were they the only witnesses?

    Quote Quoting sedaiv
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    But since the court date, he STILL has the murder charge on his record and Pat has NOT done anything to get this removed from his record and hasn't found work.
    It's not the attorney's job to do anything about it unless he is asked to do so and paid for it. This is not something a public defender would likely do anyway. It looks like PA can be a do-it-yourself process but legal advice is never a bad thing.

    Quote Quoting sedaiv
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    Is there anything my friend can do to get this charge removed or does he have to take his public defendant to court?
    See above. His public defender was not in any way obligated to do this for him.

    Quote Quoting sedaiv
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    He's had a job or two, over the table, that hired him but when they did a background check as they wanted to make him a manager, they fired him because of the murder charge and now has to work less-than-sub par under the table jobs. What does he have to do get this charge he never went to prison to get off his record?
    He can google expunging a charge in Pennsylvania and start reading.

  3. #3
    Join Date
    Sep 2010
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    19,901

    Default Re: Murder Charge

    As free9man points out, the public defender is to provide those facing imprisonment legal defense in court on their criminal charges. They scope of their obligation is limited to that. Further there's nothing you can do "at the time" PERIOD. You have to wait a minimum of 18 months and even then you may not be eligible. You want to help your brother, help him pay for an attorney who specializes in expungement/sealing issues.

  4. #4
    Join Date
    Jan 2012
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    13

    Default Re: Removing a Murder Charge From Your Record

    Quote Quoting sedaiv
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    He had a public defendant that got him off the hook
    There's no statute of limitations for murder, so he's not exactly off the hook.

  5. #5
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    Jul 2010
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    Default Re: Removing a Murder Charge From Your Record

    Quote Quoting >Charlotte<
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    There's no statute of limitations for murder, so he's not exactly off the hook.
    That would depend on what "off the hook" means in this case, which we don't know. If it means dismissal, was it with or without prejudice?

  6. #6
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    Sep 2010
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    Default Re: Removing a Murder Charge From Your Record

    Quote Quoting free9man
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    That would depend on what "off the hook" means in this case, which we don't know. If it means dismissal, was it with or without prejudice?
    Really means nothing with regard to "getting it off his record."

  7. #7
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    Jul 2010
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    Default Re: Removing a Murder Charge From Your Record

    Quote Quoting flyingron
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    Really means nothing with regard to "getting it off his record."
    Which has nothing to do with my post. I was replying to, and even quoted, >Charlotte< stating that there is no SOL for murder and that OP's friend's brother's nephew's college roommate was not off the hook.

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