what crimianl attorney in pa does the most misdeamener expundgements

by Emma McLaughlin 4 min read

Can a felony be expunged in PA without supervision?

Dec 08, 2016 · An expungement can greatly increase your employment, housing, educational, professional and financial opportunities. The expungement of your criminal record can also protect your privacy and reputation as well as provide peace of mind. Bucks County Expungement Attorney. I am among the most experienced expungement attorneys in Pennsylvania. I can …

What can be erased through an expungement petition in PA?

Questions to ask an Expungement Attorney, Lawyer The first thing to ask an expungement attorney is are they license to practice law in Pennsylvania. Get their PA state bar number and make sure it is valid. The next thing to ask is when they can start on your case. Also ask the following: Does the price include answering objections from the DA

How long does it take to expunge a misdemeanor in PA?

Summary Expungement in PA: This petition erases a summary conviction from someone’s record. House Bill 1543 creates the right to expunge a single summary offense when five years have elapsed since the date of conviction – when there is no criminal prosecutions for the following five years. The most issued summary citations that affect young ...

What is Ard expungement in PA?

May 17, 2018 · Criminal pardon applications for clemency are filed with the Pennsylvania Board of Pardons. A Pardon can be filed asking for forgiveness or removal of misdemeanor and felony convictions. It is the only procedure that completely removes a misdemeanor or felony conviction in Pennsylvania. “I would say that the assistance through the expungement ...

Can you expunge a misdemeanor in PA?

Certain misdemeanors are eligible for expungement once an individual has been dead for three years or after has 70 years old and has been free from arrest or prosecution for 10 years. For all felonies, and most first degree misdemeanors, the only way to obtain an expungement is to first obtain a Governor's pardon.

How much does it cost to expunge a misdemeanor in PA?

Attorneys typically charge between $700 to to $1000 to expunge your record. Take our free online eligibility test to see if you are eligible to have your PA criminal record expunged. People who were convicted of felonies or misdemeanors are not eligible for expungement, unless a pardon is received.

How long does it take to expunge a misdemeanor in PA?

The typical expungement process can last anywhere between 4 to 6 months.

Does misdemeanor charges go away in PA?

Misdemeanors do not go away in Pennsylvania, but some state laws make it possible for those convicted of certain types of misdemeanors to expunge or seal their records. ... A lawyer can help you determine if you qualify for record sealing or expungement.

How long do misdemeanors stay on your record in PA?

10 years(Other records require that you file a petition, which requires some paperwork.) Generally, after certain periods of time, Pennsylvania's Clean Slate law will automatically seal: Non-convictions. Convictions for many second- and third-degree misdemeanors after 10 years without any further convictions.Dec 22, 2020

Does your criminal record clear after 7 years?

¦ Your criminal record can be expunged if 10 years have lapsed after the date of your conviction of your offence. ... ¦ Your record can be expunged after five years for other cases, unless you were ordered to pay restitution.Jan 26, 2018

Do misdemeanors stay on your record?

A misdemeanor might be considered a minor criminal offense compared to a felony charge, but it is a criminal offense. If you are convicted of a misdemeanor, the misdemeanor remains on your criminal record for the rest of your life, unless the court expunges the offense.Nov 29, 2020

How do I get a criminal record off my background check?

Can criminal records be cleared? In the United States, certain types of criminal records can be expunged or sealed by a judge or court. An expungement removes arrests and/or convictions from a person's criminal record entirely as if they never happened. Even a court or prosecutor cannot view a person's expunged record.Apr 15, 2020

What is a misdemeanor 1 in PA?

First-Degree Misdemeanor A misdemeanor in the 1st degree is the most serious misdemeanor criminal charge in Pennsylvania. The penalties for a 1st degree misdemeanor conviction include from 2.5 to 5 years in prison and a fine of up to $10,000. This includes crimes such as: Simple assault.

How long does a criminal conviction stay on my record?

If the person was 18 years of age or older at the time of the offense (i.e. legally considered to be an adult), then the conviction will be expunged from their record 11 years after the conviction date (not the offense date).

What is the lowest misdemeanor?

Class C misdemeanors are the lowest level. If you have no criminal history or minimal history, you can petition the court for probation or deferred adjudication, just like in a felony case. However, your time on probation is much shorter ranging from six months to two years.Jul 16, 2021

How do I get a pardon in Pennsylvania?

You will need to file a petition and attach the signed pardon document from the Governor. A judge will then order that the record be expunged, and within two to six months, all records of the crime for which you received a pardon will be erased by both the court and the Pennsylvania State Police.

Do criminal convictions prevent me from adopting?

If you have a criminal record, you're prohibited from adopting or fostering a child. This negatively affects two people; it denies your right to ra...

Can past criminal charges prevent me from hunting?

Our founding fathers gave every man and woman the right to bear arms, and we believe you deserve to retain those rights. However, if you have an un...

Can minor offenses interfere with college acceptance?

So you made a youthful mistake. Whether you were caught drinking underage, driving under the influence (DUI), or were charged with vandalism, mista...

Is record sealing the same as criminal record expungement in Pennsylvania?

No, expunging and sealing records are two separate things. A criminal record remains even if it's been sealed; however, it cannot be viewed by pote...

Are felonies expungable?

Most felonies cannot be sealed from public records. All sexual offenses are ineligible for expungement.

Is my criminal history available by public access?

Pennsylvania's Unified Judicial System allows public access to court records online. Individuals can search and view court case information (includ...

How does having a clean slate help me?

Having a criminal record can severely limit one's access to employment education housing civic engagement public assistance: Most employers, landlo...

What is expungement assistance?

Some companies offer “expungement assistance”, which is really just a term for making you do all the work. These companies are usually packed with form processors and paralegals, both of which are unable to represent you in Pennsylvania court.

Can you expunge your criminal record in Pennsylvania?

This can be extremely detrimental to successfully expunging your Pennsylvania record as they cannot argue your case in front of a judge or handle an objection from a district attorney. This can cost your only chance at successfully expunging your Pennsylvania criminal record.

How long does it take to get an expungement in Pennsylvania?

How long does an expungement take in PA? Pennsylvania expungements can be filed at the County Court level. The petition can be prepared and filed within 30 days, the Court may take 30 days to review it, the District Attorneys may wish to take a position on the petition.

What is ARD in Pennsylvania?

ARD allows someone to do probation without conviction. Since there is not a conviction, after successful completion of the program, the criminal history showing that the crime was charged can be erased. Section 17 Expungement in PA: Section 17 is a special diversionary program, much like ARD. It allows one to complete probation without a conviction.

What is the PACSA 9122?

This statute contains a list of what can be erased through the filing of an exp ungement petition. It is NOT meant to erase misdemeanor or felony convictions, which must be reviewed for possible record-sealing or applying for a pardon.

What is expungement in Pennsylvania?

Pennsylvania’s expungement statute sets forth the matters that are eligible for expungement. An expungement removes the charges from the public record and the Pennsylvania State Police Criminal Repository. Charges with no Disposition, a summary conviction, and matters resolved by ARD are some of the expungeable matters.

What is a criminal pardon in Pennsylvania?

A Pardon can be filed asking for forgiveness or removal of misdemeanor and felony convictions. It is the only procedure that completely removes a misdemeanor or felony conviction in Pennsylvania.

Can you adopt a child with a criminal record?

If you have a criminal record ( click here if you’re not sure ), you’re prohibited from adopting or fostering a child. This negatively affects two people; it denies your right to raise a family, and a child’s dream of being part of one.

Who is eligible for Expungement in Pennsylvania?

Anyone who was accepted into the A.R.D. program and has paid all fines and costs and completed all of the terms and conditions of probation can apply for an expungement.

What are the benefits of a Pennsylvania expungement?

An expungement gives you a second chance to have a clear record. Mistakes you made in high school or college, long before you were concerned with the job market, can be erased from your record, allowing you peace of mind as you search for a new job, apply to grad school, or coach your child’s youth sports team.

How does the expungement process work in Pennsylvania?

An expungement motion is filed with the appropriate supporting paperwork and filing fees at the Clerk of Courts in the corresponding county. Once it is filed it is scheduled for a hearing before a Common Pleas Judge who hears testimony and, if appropriate, signs the Order for Expungement.

Can an expungement be denied?

Yes, if the District Attorney does not think that expungement is appropriate he or she will object. You should speak with an attorney at Fairlie & Lippy, P.C., about the odds of success under your particular facts.

How long does the process take?

A Pennsylvania expungement requires a lot of paperwork that is handled by various offices. Therefore, a large part of the process is determined by the backlog of each office. We work diligently to get the appropriate paperwork filed to expedite the process as quickly as possible.

What are the advantages of having an Attorney handle my expungement?

It is true that you could file for an expungement on your own. However, there are a number of rules and requirements to successfully file your expungement. The filing can be tedious and time consuming if you are not well versed on these requirements.

Contact Our Pennsylvania Expungement Lawyers

If you would like our Norristown expungement attorneys to assist you in the expungement of your record please contact us for a free consultation. At the consultation we will review your eligibility for expungement and quote you a fee for our work. If you would like to clean up your record call us today at 215-997-1000 or email [email protected].

What is expungement in Pennsylvania?

Expungement and record sealing are incredibly important motions to pursue individuals who are seeking to enter higher education, hold a professional license, or avoid employment issues. Filing these motions, however, can prove a daunting task at times, as courts seldom provide sufficient information for a person to file correctly the first time. Errors in the process can cause unnecessary and bothersome delays. To reduce the likelihood of this occurring, it may be best to have these matters handled by an attorney; in particular, an experienced Pennsylvania expungement attorney

What is record sealing in Pennsylvania?

This process is known as record sealing and relies on the usage of Pennsylvania's "Limited Access" laws. When the filing of this motion is done, a person's records are prevented access during certain background checks, effectively sealing their records. This process may only be used for 2nd degree, 3rd degree, and ungraded misdemeanor offenses. A person must also have fulfilled a ten (10) year waiting period without additional criminal matters levied against them.

What is the role of the court in a criminal case?

The court is responsible for both resolving matters of legal disputes within the county, and also for maintaining records of criminal charges that occur within the county. When a person seeks to clear their name, they must conduct a filing for an expungement or for the sealing of their records at this very court.

What is expungement in Pennsylvania?

Another form of record expungement in Pennsylvania is the expungement of DNA evidence. This is governed by Title 44, Section 2321 of Pennsylvania code and maintains that if a person has had the case against them dismissed or reversed, or the sample was included in the state DNA bank by mistake, the individual may request that all of his or her DNA records be expunged. However, this may not occur in cases where the person is in prison or previously was in prison for a specific offense, especially sexual offenses, occurring before July 27, 1995.

Who is Michael Skinner?

Michael Skinner is the founder of the Skinner Law Firm and an experienced criminal defense attorney in West Chester, PA. Being able to expunge the record is one of the most important protections provided under Pennsylvania law. If you have been charged with a criminal offense in Chester County or the surrounding areas of Pennsylvania including Delaware County, PA, then call our office to discuss the case.