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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25994
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I had a first time DUI back in 2013 January in fact my

Customer Question

I had a first time DUI back in 2013 January in fact my attorney advised that I take a ARD for first-time offenders and I paid him and also paid to have the records expunged I recently received my background because I'm pursuing a job that does extensive background. I received a copy and included the complete DUI with all of the miscellane charges. I completed an ARD program and completed six months later paperwork to expunge it yet it was all there on my public background report. did the lawyer dropped the ball and not follow thru. I have an email from his secretary that said everything at my end it was completed and submitted and the expunging process would be automatic after six months and that was a year and a half ago. Should the sealed record be visible for a non government job or typical back group check? Or did my attorney forget an important step?
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
I typed my email address wrong the correct email address is***@******.***
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Still waiting.
Expert:  Zoey_ JD replied 1 year ago.

Hello,

If your Pennsylvania matter was expunged but showed up on a non-government background check, then clearly somebody dropped the ball. Whether it was your lawyer, the third party background checker or some clerk in Pennsylvania is impossible to say. You should give your lawyer a call and ask that he rectify this for you. If it's showing, it is a mistake that can be amended but the various state agencies that have copies of your records as well as the agency that keeps all the Pennsylvania records would have to be notified about this mistake. If your lawyer won't clean up this problem for you, another lawyer will.

Customer: replied 1 year ago.
Should he clean up the mess for free since I already paid him. This now may affect a job offer I am waiting my background check. And he wasn't cheap either. Is he somewhat liable?
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Your expungement was fairly recent and it's perfectly reasonable for you to expect him to look into this and resolve this for you without his having to charge you further for it. If you have to hire someone else to do it, you can attempt to go after your lawyer, but whether or not he's actually liable for this would depend on the evidence that comes out when the problem gets addressed. As I've indicated, somebody clearly dropped a ball somewhere, but exactly who that was is nothing that you or I can predict with any certainty.

Your ARD may have been properly expunged from all official state records, but may still be in the public domain on non-official sources, for example, and may have been something that the third party background checker or the employer himself simply found on a Google search. or on sites such as mugshots.com.

Customer: replied 1 year ago.
Wait is that an extra 52 or just a little more than the original quite? Total bill is getting towards $80 that I can afford the phone call
Expert:  Zoey_ JD replied 1 year ago.

The phone call is a premium service for extra money. It is not included in the original price set for the question. If you're not interested in the phone option, you can simply post your follow up question here. If you are interested in a phone call, your payment for it failed to go through and you might want to take that up with customer service at***@******.***.

Customer: replied 1 year ago.
My American Express texted me because I have them do that every time there's a charge so it looks like you charge me $52 which I approved but since we didn't do a phone call wasn't it $38 not to nickel and dime you cause I know your time is valuable but I just want to make sure that you didn't charge me the extra money I appreciate what you said about ARD possibly being public record but the details of every charge was listed there are four separate charges, ridiculous, but nevertheless they were all still listed that's why I don't think it was like a mugshots kind of thing. I think the lawyer who proof inapt before one time drop the ball. he actually change the court date and when I went to the new scheduled court date a month later I was arrested for not appearing in his initial court date which was 20 days earlier than our final hearing. So I ended up spending 36 hours in jail on a bench warrant for not appearing in court because my tourney change the court date and either didn't notify the court again it's hard to say who screwed up the clerk for the attorney but now that this happen I think I hired an attorney that isn't very organized. If I don't get this job because of that I have no idea my recourse
Expert:  Zoey_ JD replied 1 year ago.

I tried several times to accept your phone call offer when you first proposed it. I got a message each time that your payment failed.

Experts here have nothing to do with site technical issues, with customer membership or with billing. All of that is handled through customer service. Contact them at***@******.***. If you were in fact charged for a phone call you no longer want, you can get that charge refunded to you. If you want the phone call but there's some technical glitch, then perhaps they can straighten that out too. But all of the above is outside of my control.

As to your question, it doesn't matter that you think your lawyer dropped the ball. It matters whether you'd be able to prove that by a preponderance of the evidence in a court of law. You may be right. You may be wrong. I have no crystal ball to prove what the facts will show. For that, you need to get the problem repaired. Then you'll begin to see what was or wasn't done and get a better sense of whether you could prove your lawyer's negligence by a preponderance of the evidence and hold him accountable for the loss of a job offfer. Presently, all you've got is a guess. It may turn out to be correct but guesses are not what wins law suits and there are other people who could have dropped the ball, or as I've indicated, no ball may have been dropped at all.

Customer: replied 1 year ago.
You can try to charge it now for the original amount. I had to manually accept it because I set up to prevent fraud.
Expert:  Zoey_ JD replied 1 year ago.

I can't. The phone call offer is only available for a certain amount of time and then it expires. You can try putting it through the request again, however, don't do it for another hour, as I will be leaving to walk my dogs within the next few minutes and will not be available for a phone call until we come back and they and I have had our breakfast.

Customer: replied 1 year ago.
But you won't charge me another $52 would you
Expert:  Zoey_ JD replied 1 year ago.

I haven't charged you for anything. I can't charge you for anything. All I do here is answer legal questions. Customer service handles the rest. Please contact them with your billing questions as I cannot help you with them.