Pennsylvania Enacts New Expungement Law for Misdemeanors

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Pennsylvania Enacts New Expungement Law for Misdemeanors

In November, 2016, a statute passed by the Pennsylvania legislature took effect, substantially changing the laws governing the sealing of certain criminal records. Under the new law, for the first time in state history, persons with convictions for ungraded offenses, as well as second and third degree misdemeanors, can petition the court to have their criminal records expunged. Before the changes brought about by this law, expunction was only available for summary offenses and for underage drinking.

Technically, under the new law, the prior conviction will not be completely sealed. Instead, there will be “limited access” to the records. Any records successfully sealed may still be viewed by criminal justice and government agencies, but will not be available to the general public, to private employers or to educational institutions.

Under the new law, there are specific offenses which may be sealed:

General Offenses

  • Simple Assault: Section 2701
  • Harassment: Section 2709
  • Indecent Exposure: Section 3127
  • Criminal Mischief: Section 3304
  • Criminal and Simple Trespass: Section 3503
  • Theft by unlawful taking: Section 3921
  • Retail Theft: Section 3929
  • Resisting Arrest: Section 5104
  • Possession/Sale/Transfer Firearms: Section 6105
  • Selling/furnishing liquor/beer to minors: Section 6310
  • Public Nuisance: Section 6504
  • Invasion of Privacy: Section 7507

Drug Offenses 35 P. S. § 80-113

  • Manufacture/sale/delivery-adulterated controlled substance: (a)(1)
  • Simple Possession: (a)(16)
  • Possession with intent to deliver: (a)(30)
  • Possession-small amt. of marijuana: (a)(31)
  • Possession-drug paraphernalia: (a)(32)

Vehicle Law Offenses 75 Pa.C.S.

  • Drive w/ suspended license and/or under influence of controlled substance: Section 1543(b)
  • Driving under the influence of alcohol or controlled substance (DUI): Section 3802

To qualify to seal a criminal record under the new law, an individual must be free from arrest or prosecution for ten (10) years following their conviction for the underlying offense.

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania and Delaware. To set up an appointment for a free initial consultation, call us at 610-565-4055 or 302-594-4535 or contact us online.

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Expunging a Criminal Record in Pennsylvania

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Expunging a Criminal Record

You made a mistake when you were young and foolish and it’s haunted you for years. You have a criminal record as a result and it’s been difficult to get ahead, as you face challenges getting a job, obtaining aid for higher education and even getting a decent place to live. It may be time to consider filing the appropriate application to “expunge” or seal your criminal record.

Qualifying for Expunction of Your Criminal Record

For most of the state’s history, Pennsylvania has only allowed expunction of “non-convictions,” which included dismissal or withdrawal of charges, acquittal by a judge or jury, accelerated rehabilitative disposition and probation without a verdict for certain drug offenses.

In 2008, though, the legislature expanded the scope of expunction, allowing individuals to seek to have records related to a summary offense sealed, provided the person had been free from arrest or prosecution for a minimum of five years following the prior conviction. To successfully expunge such a record, you must file the following documents with the court:

  • A certified criminal records check from the Pennsylvania State Police showing that you have not been arrested, charged or convicted of any crime for a minimum of five years since the conviction for the offense you seek to have expunged.
  • A certified copy of your criminal records showing that you have paid all costs, fines and restitution for any conviction.

You can still seek to expunge any “non-convictions,” but efforts to seal any record that resulted in a guilty plea, verdict or a plea of no contest require that the governor of Pennsylvania grant a pardon.

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have provided thorough and effective legal counsel to clients throughout Delaware County in Pennsylvania since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online

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New Charges Filed against “Pill Mill” Doctor

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Prescription bottleDoctor William O’Brien III, who already faced charges of selling prescriptions to bikers and strippers, now faces new charges. Federal investigators say that he cobbled together an alleged “medical device” out of scraps from a propane tank, welded them together, called it a hyperbaric chamber, and charged patients and billed Medicare for “treatment” in the device. According to court documents, O’Brien netted over $4 million for the bogus treatments.

Prosecutors say that O’Brien convinced Lower Bucks Hospital that his device, which he called Hyperox 101, was legitimate. They say that the Hyperox 101 was constructed from two pieces of a propane tank that had been abandoned near a factory in Coatesville.

The U.S. Food and Drug Administration has approved hyperbaric chambers for use in the treatment of open wounds and other afflictions. A hyperbaric chamber works by exposing patients to highly pressurized oxygen for extended periods of time. According to prosecutors, the Hyperox 101 was tested and failed all tests required for hyperbaric chambers. They say that the Hyperox was actually built by a company that had experience building doors for Navy vessels, and that the person who supposedly made the chamber functional had no prior experience working with such devices.

Prosecutors also say that O’Brien and others forged documents sent to the FDA to obtain approval to use the device. O’Brien apparently entered into an agreement with Lower Bucks Hospital, purportedly leasing a hyperbaric chamber to them. Employees at Bucks became concerned that the device was actually dangerous, and contacted the FDA and the FBI.

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.

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Police See Increase in Unruly Behavior by Students

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Drunk young men

Lehigh County officials say police have had to deal with an increased number of incidents involving misbehavior by students in the last month.

On November 5, Allentown police officers were called to Trexler Middle School to respond to a brawl that got out of hand. According to police reports, two students were arrested, some teachers (who tried to break up the fight) were injured, and the school was shut down for approximately two hours. The melee apparently started in the cafeteria and soon spread to the halls and even outside the school.

A week earlier, students at Allen High were caught on camera assaulting a police officer after school had been dismissed for the day. Five students were arrested after that altercation, and four police officers were injured. A day later, a student at Dieruff High School pushed a teacher down some bleachers at a pep rally. That student was arrested and faces charges in juvenile court.

Just before Thanksgiving, police were again called to Trexler, where they found six middle school students drinking vodka on school grounds. Police say that school officials did not report any unruly behavior by any of the six girls detained, and that none of them required any medical treatment. Police administered blood alcohol tests on all six and found that they all had a small quantity of alcohol in their bloodstream. Five of the girls were 11 years old and the oldest was 12. Police seized a bottle of vodka that one of the girls had apparently brought from home. The girls were all released into the custody of their parents.

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have provided thorough and effective legal counsel to clients throughout Delaware County in Pennsylvania since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.

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Sending a Message with What You Wear to Court

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Defendant’s Choice of Clothing Angers Judge

The defendant in a murder case in Philadelphia appeared at a preliminary hearing last September wearing a t-shirt with the words “Crime Pays” in large, legible print on the front of the shirt.

Twenty-two-year-old Jeremiah Jakson, arrested and charged with the strangling death of a female art student, told Municipal Court judge Teresa Carr Deni that he had been given the shirt by someone at the county jail. Calling it “a very interesting choice of shirt,” she asked if he had considered turning it inside out, so that it’s message would not be seen and misconstrued by the court and others. Jakson contended that that possibility had not occurred to him. Judge Deni castigated Jakson and his attorney, instructing the lawyer to go to the jail to determine whether there was any truth to the assertion that he was given the shirt while in custody. She told Jakson that his attire was “unacceptable” and remanded him to custody.

Jakson is accused of killing a woman during an attempted robbery, stealing her laptop, camcorder and ATM card. The victim had a room at the same boarding house where Jakson lived.

Jakson is not the only defendant to have made a bad choice regarding clothing worn to court. In New Jersey in 2011, a young woman was arrested and charged for animal cruelty after leaving her dog tied to a railing for a week while she was out of town. When she returned, she put the dog in a plastic bag and threw it down the trash chute at her apartment, where it was found by trash collectors and nursed back to health by a local veterinarian’s office. At one of her court appearances, the woman wore a t-shirt that said “Keepin’ it real like a Happy Meal.” Animal rights supporters were incensed.

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of individuals throughout Delaware County in Pennsylvania since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.

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DWI and Criminal Records

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If you are convicted for a DUI or DWI offense, it will appear on your criminal record. After such a conviction, a search of criminal records could turn up that fact. That search may be done by a potential employer or a government agency investigating your background.

Because of the availability of criminal records, you may be prevented from obtaining a job that you seek or find your personal life under the scrutiny by another at the touch of a button. Keeping your record clear is a good reason to hire a criminal defense lawyer in case you’re arrested for DUI.

Under certain circumstances, your criminal records may be cleared, or expunged.

Criminal record expungement is the process of removing specific arrests and charges from the criminal record. This doesn’t apply to all arrests and charges.

Under Section 9122 of Pennsylvania statutes, someone arrested for DUI can return to court after they complete their Accelerated Rehabilitative Dispostion (ARD) program (see prior blog on first time DWI arrest) and have their record expunged. The public will no longer have access to the DUI record.

The Pennsylvania State Police will keep records of an expunged offense and use it for future investigative purposes only, but not for purposes of,

  • Impeaching your testimony in court,
  • Enhancing your sentence for a future offense, or
  • Make it available to employers or anyone in the public.

A DUI arrest generates two records, a criminal one and one with the Department of Motor Vehicles, which cannot be expunged. PennDOT will keep a record of the DUI charge against you, even if it is handled through ARD and expunged from the criminal record. Some employers, like trucking companies, will still be able to find out about the charge. The information will also be available to law enforcement agencies in the event that you get a subsequent DUI or DWI arrest.

While it is not possible to expunge the DUI record at the DMV, it is possible to expunge the DUI record at the court, which will lead to the DUI record being expunged at the State Police (PATCH REPORT) and the FBI.

It is important to retain an attorney who can not only help you with your DUI record expungement but who will make sure that Pennsylvania and federal agencies follow through with court-ordered directives and destroy these records.

We can help make that happen, if you qualify. Contact our office so we can discuss how we can help.

Drunk Drivers Who Flee the Scene

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Criminal laws discourage people from driving while intoxicated and leaving the scene of an accident, but that doesn’t stop it from happening. We represent clients who have been injured in such a situation. If you or a loved one has been injured in this kind of accident, you may have some options to seek compensation for your injuries.

If the driver is found and arrested, or if there is sufficient evidence the person is responsible, a civil suit can be filed against the driver. Once served with the complaint, if that person has auto insurance, he/she should contact his/her auto insurance carrier. That policy may cover injuries and property damage.

If the driver has no auto insurance, or insufficient coverage, but has enough assets to cover the damages, it may be worthwhile to pursue a legal action against that person.

If there is no insurance, or insufficient coverage to compensate you for your injuries and property damage, and the drunk driver has no assets to speak of, you may be able to collect under Uninsured Motorist coverage and Underinsured Motorist coverage (or UM/UIM coverage) on your own policy (see prior blog on the topic). If there is such coverage, you may be able to collect from you own insurance carrier injuries and damages caused by this driver.

If the driver has no insurance, no assets and you don’t have UM/UIM coverage, you may be left holding the proverbial bag. This one reason why you should have this coverage in a sufficient amount.

You could apply to Pennsylvania’s Victims Compensation Program, which helps crime victims with some expenses, but it’s not nearly the same recovery compared to a successful personal injury lawsuit.

In the course of litigating the case, or as a result of a criminal investigation, it may be discovered the driver was negligently served alcohol before the accident, and that negligence was a contributing factor. If that’s the case, there may be grounds to sue who served the driver. If that was a bar, restaurant or other entity licensed to serve alcohol, a “dram shop” action could be filed against whomever served the driver. Such an entity should have insurance to cover this kind of claim.

If the driver was under the legal drinking age of 21, a guest at someone’s home and that host served the driver alcohol and it was a factor in the accident, that host could be sued as well. Pennsylvania courts have not held hosts liable for serving alcohol to those of legal drinking age who get behind the wheel and cause accidents.

If the driver cannot be found, and there are no other parties who may be held responsible (Were other cars involved? Was the road negligently maintained? Were you struck because you had to pull over because of negligently performed car repairs?) your options are limited.

You may be able to collect under UM/UIM coverage in this circumstance as well, assuming you have it and it’s at a sufficient level of coverage. If not, you will have to rely on your own resources after the accident.
If you have questions about insurance coverage or automobile accidents, contact our office. We’ll be happy to help.

Criminal Record Expungement in Pennsylvania

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Have you been convicted of a DUI or disorderly conduct or harassment? Were you convicted of an offense as a juvenile? Has your record caused you problems or are you concerned that it might?

The State of Pennsylvania has recently passed laws that allow convicted offenders of several comparatively minor crimes to have their criminal records expunged, which is the legal term for cleared.

Once a record is expunged, you no longer have to answer “yes” to criminal conviction questions on job applications, and schools and landlords will no longer pull up arrest and conviction sheets in criminal history checks.

If you have questions about criminal record expungement in Pennsylvania, contact the criminal defense and expungement attorneys of Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP in Media, Pennsylvania.

The attorneys of Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP each have more than 20 years of legal experience and can provide immediate answers and assistance regarding criminal record expungement. Do you have questions regarding:

  • How long you need to wait following a conviction to request an expungement?
  • How probationary periods affect juveniles’ rights regarding expungement?
  • Whether there is a waiting period following a summary conviction.
  • Whether you can seek an expungement if you were placed in the ARD first offenders program?

We offer free initial consultations and can quickly determine the advisability of pursuing an expungement in Pennsylvania. To contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, call 610-565-4055 or 302-594-4535.

Expungement of a Criminal Record in Pennsylvania

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Sealing or Expunging a Criminal Record in Pennsylvania

A criminal record can follow you around for years, making it difficult to find the job you want, to get credit, or to live where you want to live. If you qualify, however, you can have your criminal record expunged, or sealed, so that it may only be viewed “by law enforcement officers acting in the lawful performance of their duties” or during the application process if you seek employment with a law enforcement agency. What are the requirements to be eligible for expungement, and how does the process work?

Under the Delaware Code, there are three specific situations where a criminal record can be expunged:

  • If you are acquitted at trial
  • If the state enters a notice that it is dropping the charges
  • If the court dismisses the charges against you

A criminal record may only be expunged if there are no convictions on your record. If you have an old conviction, you will not be able to pursue expungement.

If any of the above results occur, you may file a Petition for Expungement with the Superior Court, asking that your records be sealed. Once you file, the court must either take the matter under consideration within 30 days (for juvenile offenses) or the district attorney must file objections within 30 days, and request a hearing. The decision to expunge or seal your records is still at the discretion of the Superior Court. If the court agrees and enters an order to expunge your record, all copies of your criminal record are supposed to be destroyed or erased from any database, with the exception of one copy, which remains on file, but sealed, with the Supervisor of the State Bureau of Identification.

Once you have determined that you qualify, you should file your petition as soon as possible, so that it is not accessible to potential employers, landlords or creditors. It is always good practice to verify that your criminal record has in fact been sealed. Your attorney can help you do this.

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of individuals throughout Pennsylvania since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.

Personal Service | Dedicated Advocacy | Cutting Edge Technology