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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  10+ years defending Misdemeanor and Felony cases.
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at the age of 18, my 23 year old son got a summary citation

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at the age of 18, my 23 year old son got a summary citation for disorderly conduct. 5503 a 4 - (PA)

He was hanging around with friends in a wooded area and there must have been a complaints from neighbors. The ticket does say "small amount of alcohol" Can this be expunged? Will this show up on a background check and will it have a copy of the ticket? He would like to apply for a teaching position but there is a zero tolerance for alcohol/drug.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Under Act 134, persons convicted of a summary offense are eligible to request that their record be expunged by the Court of Common Pleas of the county where the offense took place, after a 5-year waiting period following the conviction (usually the date of payment of your fines and costs). However, even if the record is expunged, when an individual is working with children or the elderly, the record may still be sought and would likely need to be disclosed, if inquired about on the application or when a background check was done. The school will likely look at what he was charged with, not what was written on the ticket. As such, they should only see the disorderly conduct charge and not that fact that the ticket stated a "small amount of alcohol"

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Customer: replied 3 years ago.

I don't think it would be dishonest to to disclose the offense and simply leave the "small amount of alcohol" out of the equation. The application is calling for an explanation: IE: With a group of friends, in the woods at night, playing guitar - some of the kids ran, but I did not.


 


(and he would not tell the police who the other kids were and there were a few beer cans....but that will be left out!)


 


 

He should explain the disorderly charge and leave it at that. If he was not charged with anything alcohol or drug related, it is not relevant. If this was an issue, the officer would have cited him for such.