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Answered in 1 minute by:
5/6/2015
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,615
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
VerifiedHello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Can you please tell me how old you were when this happened?
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.
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Can you please tell me how old you were when this happened?
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.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 140,687
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
VerifiedThank you for your question. I am a different contributor and look forward to working with you to provide you the information you are seeking for educational purposes only.
First, your previous expert did provide you the correct information. I am sorry that you are upset because it does not get you out of your situation, but we are constrained by what the law is and the facts the customers come to us with. We cannot change the law because a customer feels it is unfair or they do not like it, nor can we change the facts or the actions you took. So getting upset with us does not change the outcome of your situation ultimately.
Second, PA provides for expungement ONLY on the terms already explained by the previous expert and we cannot change that law for you.
Finally, if you do not like what happened and you do not like the fact you have to wait because you did not seek a local attorney before you paid the fine (as it is not the clerk's job or duty to tell you about expunging your record or that paying the fine goes in as a guilty/conviction and they are not supposed to practice law and provide legal advice) there is only ONE POSSIBLE chance (one that is rarely granted by the courts, but within their discretion).
The final slim option you have if you do not want to wait now that you pled guilty by paying your fine, would be you have to hire a local attorney to file a motion to vacate guilty plea and ask the court for good cause to vacate your plea and reopen the case to set it for a trial. It is up to your attorney to present good cause to the court as to why they should vacate the plea (not knowing that by paying a fine that meant you agreed the charge was valid is not going to generally be a good enough excuse), such as damage it is causing to your employment or some other harm you are suffering from the plea that justice would require that they vacate the plea/conviction.
You must have a local attorney represent you on this and without looking at the whole case file and the evidence I could not tell you anything more than it is an outside chance and the courts rarely grant these motions, but under the current laws it is the only chance you have based on what you stated above and I am sorry for that.
First, your previous expert did provide you the correct information. I am sorry that you are upset because it does not get you out of your situation, but we are constrained by what the law is and the facts the customers come to us with. We cannot change the law because a customer feels it is unfair or they do not like it, nor can we change the facts or the actions you took. So getting upset with us does not change the outcome of your situation ultimately.
Second, PA provides for expungement ONLY on the terms already explained by the previous expert and we cannot change that law for you.
Finally, if you do not like what happened and you do not like the fact you have to wait because you did not seek a local attorney before you paid the fine (as it is not the clerk's job or duty to tell you about expunging your record or that paying the fine goes in as a guilty/conviction and they are not supposed to practice law and provide legal advice) there is only ONE POSSIBLE chance (one that is rarely granted by the courts, but within their discretion).
The final slim option you have if you do not want to wait now that you pled guilty by paying your fine, would be you have to hire a local attorney to file a motion to vacate guilty plea and ask the court for good cause to vacate your plea and reopen the case to set it for a trial. It is up to your attorney to present good cause to the court as to why they should vacate the plea (not knowing that by paying a fine that meant you agreed the charge was valid is not going to generally be a good enough excuse), such as damage it is causing to your employment or some other harm you are suffering from the plea that justice would require that they vacate the plea/conviction.
You must have a local attorney represent you on this and without looking at the whole case file and the evidence I could not tell you anything more than it is an outside chance and the courts rarely grant these motions, but under the current laws it is the only chance you have based on what you stated above and I am sorry for that.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).
