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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
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Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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i am told i can get my criminal record expunged. i have 7 duis,

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i am told i can get my criminal record expunged. i have 7 dui's, 1 f3 recieving stolen property, & multipal traffic citations. the latest convictions are from 2002 and the f3 & first dui were from 1983. all fines, restitutions, & other requirements have been met. what can i do? aprox. what could it cost?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 4 years ago.

Hello. My name is XXXXX XXXXX I will be glad to help you.

 

In Pennsylvania, to get adult criminal records expunged, the individual must file a Petition for Expungement with the Court of Common Pleas in the county in which the offenses occurred. At the time the petition is filed, a hearing is scheduled before a judge who will determine if the expungement request should be granted.

With two exceptions, only non-conviction data can be expunged. Non-conviction data includes:

1. Arrest records that show no disposition took place after 18 months and the court of the proper jurisdiction certifies that no action is pending.

2. Cases that were dismissed or discharged because of lack of evidence or lack of prosecution or because there was no finding of guilt after trial.

3. Cases that were dismissed or discharged because the offender successfully complied with the terms and conditions of certain pretrial dispositions such as the ARD (Accelerated Rehabilitative Disposition) program.

Conviction data may be expunged where the offender is 70 years old and has been free of arrest for at least ten years following his or her final release from supervision. It may also be expunged where the offender had been deceased for at least three years.

In determining if the request for expungement should be granted, the court will take into consideration many factors. These include damage to the individual's reputation, his livelihood and future earnings capacity, the nature and gravity of the offense, the individual's prior criminal history and the state's interest in preserving the record to protect the public.

State law specifically prohibits the courts from expunging records, even though the offender has successfully complied with the terms of ARD where he or she had been charged with certain sexual assault or related offenses against victims under the age of 18.

The Court order for expungement will be promptly submitted to the Pennsylvania State Police Central Repository for Criminal History Information in Harrisburg, Pa. This agency will disseminate the order for expungement to all other agencies who have previously receive the information that is the subject of the order.

Customer: replied 4 years ago.
so, you are saying that i have no chance with this?
Expert:  Alex J. Esq. replied 4 years ago.

No, the law states very clearly that only non-conviction records can be expunged, except for 2 exceptions:

 

1) Over 70 and clean record for at least 10 years

 

2) After death

 

The laws of different states vary, and some are more lenient then others.

 

You might be able to apply for a relief from civil disabilities (to get back your legal rights) or a pardon from a governor.

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13128
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 6 other Criminal Law Specialists are ready to help you
Expert:  Alex J. Esq. replied 4 years ago.

If I have answered your question please click on the accept button, as it is the only way I get paid for my work. Thanks. If you have any follow up questions we can continue afterwords. Thanks.

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