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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86566
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son was 20 when arrested for handgun theft. Felony charge

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My son was 20 when arrested for handgun theft. Felony charge and served 6 months. He's now 38 and this felony is interfering with getting a decent job. Is there anyway to have this expunged from his record after 18 years? Felony was in PA, but now lives in TX
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your son's situation. Can you please tell me if since then, has he had any other criminal history, or not?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

No he hasn't had any other convictions


 

Expert:  Ely replied 1 year ago.
Thank you.

First of all, since this matter occurred in PA, then this is where he would have to deal with this issue. Generally speaking, if there has been a conviction, then one is not allowed to expunge the record unless the conviction is for an alcohol offense (such as transport of an open contained). 18 Pa. Cons. Stat. § 9122 - here. Furthermore, he can petition at age 70 to expunge, but, that of course is not an immediate solution.

However, it is possible to first get a PARDON from the state, but there is no guarantee. A party in his situation may wish to file for what is known as a pardon. Essentially, the PA Board of Pardons may pardon his conviction. See here, and see how to file on the left menu.

Now, there is no right for a pardon - it is at the state's discretion. The good news is that while many are denied, because he was young and it has been some time since the matter and he has kept a clear record, this is a better chance than most.

Once this is done, and if the conviction is pardoned, then he may possibly have it expunged. While it is by no means a sure thing, it is really the only path he currently has. I hope this helps and clarifies. Best of luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

If this pardon and/or expungement were to happen, is he obligated to answer yes on job applications to the question, Have you ever been convicted of a felony?"

Expert:  Ely replied 1 year ago.
Hello friend,

If he receives the pardon, then the conviction is "forgiven" but it is still on his record.

So once/if he receives the pardon, he would need to EXPUNGE it. It is a two step process: (1) pardon, and (2) expungement.

If so, then by expunging it, it would be off his record and he would also earn the right to state "no" on any such job application, and, this would be confirmed since his record would then not reflect the conviction.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

Thank you very much for your answers.

Expert:  Ely replied 1 year ago.
You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86566
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 6 other Criminal Law Specialists are ready to help you

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