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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16026
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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ive been charge with rape back in 1991 and i believe my civil

Resolved Question:

i've been charge with rape back in 1991 and i believe my civil rights had been violated
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

What rights do you think were violated?

JD 1992 :

And by who?

JD 1992 :

The website is showing you are offline so I will exit so I can assist other customers.

Customer:

by the police and the lawyer

JD 1992 :

What rights do you believe were violated?

Customer:

my rights wasn't read to me

Customer:

and the malpractice of the lawyer because of the charges they did not produce enough proof that i did it

JD 1992 :

I understand, is there a specific question I could assist you with?

Customer:

yes i'm trying to get my record expurge but there are missing question in my arrest record ,,,,,,,,,,why wasn't a rape kit done how did i have sex with the girl ,,,,,but it's kind of hard to explain

Customer:

yes i'm trying to get my record expunge

Customer:

and there are missing question and answers and i need to know why i can't get it done

Customer:

hello

JD 1992 :

Who told you that you could get the record expunged?

Customer:

without the paper work in front you, it's hard to tell you

JD 1992 :

Why did you rate this as Bad Service? I answered your questions and waited online as long as I could, then explained I would be gone until this evening and picked up as soon as I got back. I then waited online again and exited when you were not online.

JD 1992 :

Never mind, I'll Opt Out and let someone else assist you if they choose to do so.

Customer:

i have to get a copy of the paper work and show you

Expert:  wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy
Customer: replied 1 year ago.
Relist: I still need help.
Expert:  wendy-Mod replied 1 year ago.
Thank you for your patience. We will continue the search for a professional for you.

Regards,
Wendy
Expert:  Fran-mod replied 1 year ago.
Thank you for your patience, your business is very important to us, we are waiting for the right professional to come online. Feel free to let us know if you would like us to continue searching for a professional or if you would like us to close your question. Thank you for your understanding!
Customer: replied 1 year ago.

this happened in delaware county,XXXXX XXXXX pa 19079

Expert:  Fran-mod replied 1 year ago.
Thanks for the additional information.

Your question is open to all criminal law professionals.
Customer: replied 1 year ago.

what kind of information do you need

Expert:  Fran-mod replied 1 year ago.
We need no further information from you at this time.
Customer: replied 1 year ago.

i was trying to get my record expunge or pardon

Expert:  Fran-mod replied 1 year ago.

Thanks for clarifying the nature of your question. It is open to all criminal experts.
Customer: replied 1 year ago.

do you need to know what the charge is

Expert:  Fran-mod replied 1 year ago.
You already said it was a rape charge. If the expert who takes this needs to know more about the case, he or she will ask.
Customer: replied 1 year ago.

ok thank you


 

Expert:  Zoey_ JD replied 1 year ago.
Hello Jacustomer,

I do not have good news for you, and I would ask you in advance please not to shoot the messenger. The Pennsylvania expungement laws are among the most restrictive in the entire country.

Pennsylvania will expunge a summary offense, but that is the only kind of conviction it will remove. To expunge anything else -- even a misdemeanor -- it requires that you be at least 70 years old without any sort of trouble in the 10 years before you apply, or that you be dead for three years (I am being perfectly serious) before you can be eligible. You can see the expungement law of your state here.

Otherwise, the only other remedy that the state provides in a situation like this is a gubernatorial pardon. Pardons are only rarely granted, but you could apply for one yourself without a lawyer. Here is a sample of the application for a pardon in Pennsylvania. But the Board of Pardons asks its applicants to contact them directly for forms. You can find their contact number here.

There are lawyers who specialize in Pardons, Expungements and the Restoration of Civil Rights. You can search for one on a legal referral site such as Martindale.com. You would look under Criminal Lawyers, then Pardons, and you can search by state as well. Martindale has many lawyers who are rated by other peers and clients, and many find that useful.. You could also call the Pennsylvania State Bar Association's Lawyer Referral Service. The Bar charges a referral fee of around $50 but it includes a half hour free consultation with the attorney.

I am sorry to be the bearer of bad news, but this, unfortunately is the law of your stae, and much as I'd like to, I can't make change it for you.
Customer: replied 1 year ago.

is there anyone that can handle that for me because it's hard for me to get a good job

Customer: replied 1 year ago.

thank you for help

Expert:  Zoey_ JD replied 1 year ago.
Hi,

I understand that a conviction can hurt employment and housing opportunities. But you don't need a lawyer at all to apply for either an expungement, if you are eligibile or a pardon if you are not. It's one of the few things in the criminal justice system where do-it-yourself can't really hurt you.

We are not able to do this for you on this website, nor are we able to refer you to a specific attorney or law firm. Both of these possibilities are forbidden by the Terms of Service here at JustAnswer.

If you're not comfortable with do-it-yourself lawyering and you want to hire a specialist, you can find one by contacting the Pennsylvania Bar Association's Lawyer Referral Service. I gave that link to you last time along with a link to a well-respected commercial legal referral service. Both of these are places where lawyers will go when they are looking to find a colleague out of state to consult with.

If you would rather not do it yourself but you cannot afford a lawyer, here is the link to the pro bono legal services in your state. Most of these are civil and not criminal lawyers, but they may be a source of referral since people in the pro bono loop tend to know others who work in the public interest sector.

Finally don't overlook law school criminal justice clinics as a source of very inexpensive representation. Law students work on your matter for court credit under the supervision of a professor. They do this for free or very inexpensively on a sliding fee scale. Pennsylvania has a lot of very fine law schools, so this is an alternative possibility for you. You may have to make some phone calls but you can see the links to law schools with clinics here.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16026
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 9 other Criminal Law Specialists are ready to help you

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