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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Pennsylvania Underage Drinking Defense

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Criminal Defense Legal Services in Media, PA & Wilmington, DE since 1980

Underage drinking — doesn’t everybody do it? For all practical purposes the answer is “yes.” But underage drinking is still against the law and, when a conviction occurs, your child’s future may be altered forever. Legally, penalties can be serious and include:

  • A lengthy suspension of driving privileges
  • Fines
  • Community service

Consequences, though, don’t stop there. Additional penalties can occur if charges are filed in conjunction with a related crime such as underage possession, using a fake ID or underage DUI. Once a conviction occurs, your child may face difficulties regarding:

  • Scholarships
  • Participation in school programs
  • Admittance to colleges and specific university programs
  • Employment opportunities

If your child has been charged with underage drinking in Pennsylvania, contact the attorneys of Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP. As seasoned criminal defense attorneys, we have a long track record of successfully fighting charges against juveniles and in mitigating legal consequences.

If evidence against your child is strong, we can also work to have his or her charges expunged so that, in the future, your child’s record is clean regardless of whether a conviction occurred.

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we believe your child deserves leniency and a second chance following an error of judgment. To contact us to schedule a free initial consultation and to learn more about your child’s options following an underage drinking charge, 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