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Timothy D. Smith
Timothy D. Smith, Lawyer
Category: Criminal Law
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Experience:  In House Counsel for Law Enforcement Agency
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I got a Summary Offense of Disorderly Conduct in the state

Resolved Question:

I went to court for a citation of Underage Drinking but the district judge allowed it to go down to a Summary Offense of Disorderly Conduct in the state of Pennsylvania. Will this show up on background checks from medical schools? I was told somebody would physically have to go to the local court office where I received the citation in order to see it, can anybody verify this? I am asking this because the appeal time is almost up and I am wondering if it is worth it to appeal and try for the community service (ARD) alternative.

Submitted: 1 year ago.
Category: Criminal Law
Expert:  Timothy D. Smith replied 1 year ago.
I hope this message finds you well, present circumstances excluded. The answer to the question is somewhat convoluted. The answer is that this offense in PA will always be on your record because, unless expunged, offenses in PA do not roll off of your record. That said, because of the reduced nature of the offense, it should not be uploaded to the National Criminal Information Center database.

The NCIC is the main criminal history search database. You should contact your State Police within the next month and ask them to provide a criminal history on you. You will have to sign a release and pay a nominal fee. If the offense shows up on the NCIC search, you need to petition the court to issue an order to remove the offense from the NCIC or issue a protective order to effectively seal the record and remove the offense from the NCIC.

In short, you should be good to go without much worry, but you need to make sure this doesn't get on the NCIC. A search in a month or so should reveal to you whether it made it to that system...which should not happen. The offense will always exist in that court, but should not be on the NCIC.

Let me know if you have any additional questions.
Customer: replied 1 year ago.

If it is not on the NCIC (which, if i'm reading your answer correct, it shouldn't) is there anywhere else it would show up? Or are summary offense citations not supposed to be uploaded to any sort of databases in PA?

Expert:  Timothy D. Smith replied 1 year ago.
It should not show up anywhere else outside of the courthouse if it is not on the NCIC. You should be good to go. It is essentially remanded to the file, although it is technically a conviction. It is one of the more peculiar aspects of PA law.
Timothy D. Smith, Lawyer
Category: Criminal Law
Satisfied Customers: 2020
Experience: In House Counsel for Law Enforcement Agency
Timothy D. Smith and 10 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Sorry for the follow up questions and I will rate you favorably because you are obviously very knowledgeable. So on applications for graduate schools and professional schools they often ask if you were convicted of a crime. Would I be obligated to answer yes? Or is a summary offense "not a crime?"

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