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Location PA: Topic: expunge criminal record Criminal Charges

Location PA :Topic : expunge...
Location PA :Topic : expunge criminal recordCriminal Charges where made back in 2014 and they where dropped in 2015.How do you get this removed from a criminal background check?
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Answered in 19 minutes by:
3/22/2017
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Good afternoon,

To have an eligible charge expunged, an expungement petition must be filed in the county where the case occurred. The Administrative Office of Pennsylvania Courts provides standard petition forms for expungements at www.pacourts.us/forms. The cost to file an expungement petition varies by county. It is advisable to have a lawyer file the expungement petition to avoid possible errors and delays, but not required. The clerk of courts in the county where the expungement petition is filed may be contacted to gather information on filing fees, to request copies of the expungement petition and to answer general questions.

After the petition is filed, the county district attorney’s office has the right to challenge the petition and request a hearing before a judge to determine if the request for expungement should be granted or denied. If the district attorney’s office does not object, then the expungement is generally granted without a court hearing. I would not expect an objection in a situation where the matter is dropped.

If an expungement petition is granted, the court will provide the individual subject of the expungement or the lawyer who filed the petition for the individual with a copy of the signed expungement order. The court also sends copies of the signed order to state police and other criminal-justice agencies that remove the information from the public record.

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Customer reply replied 8 months ago
What issues would one have if they do it themselves?After expunge will it still show up on a check?How long does it usually take?Do you have to go infront of a judge ?

There's nothing that says a person cannot fill out the forms and get the required information themselves; sometimes people do not understand the forms or don't fill things out properly, or can forget to include information, etc., which can result in delays.

In most cases, a record that is expunged will no longer show up on a background check. There are exceptions where a person may have to still state that a record was expunged, such as if they are applying to the military or for a professional license (like a law license or teaching license). And a court would still be able to see the records should a person get into trouble again.

How long the process takes depends on quickly the Pennsylvania State Police return your "access and review" criminal background check, which must be attached to your petition, and how quickly the district attorney and court respond to your petition. A good rule of thumb is 2-4 months before you will receive your expungement order. Once you receive your expungement order, the process is not complete. The order must be served on the various agencies that possess your criminal record. It will usually take a few months for the various law enforcement and court agencies to comply with the order and destroy your records. Figure on at least 4-6 months before everything is completed.

Unless the district attorney objects, a hearing isn't normally required. As I mentioned in my initial response, I don't see a district attorney objecting in a situation where the case was dismissed.

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Customer reply replied 8 months ago
Does it go by case or by charge?

Separate petitions would have to be filed for each case with eligible charges.

RobertJDFL
RobertJDFL, Lawyer
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Customer reply replied 7 months ago
Can you give me the steps in order on what to do so I can get this started?

This is a good explanation of the process and step by step instructions (it's made for students at PSU, so just ignore the stuff about PSU Student Services, obviously). Here is the link:

http://studentaffairs.psu.edu/legalservices/pdf/expungement.pdf

Within that document is a link to the petition you would need to file (You want Expungement Form 490); alternatively, you can request it from the Clerk of Court in the county where you were initially charged.

The instructions I'm linking you to also explain how to get your a copy of your record which you'll need to attach to your petition.

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Customer reply replied 7 months ago
Here is my county: http://www.nccpa.org/self-help/expungementMy question is which form does one pick in the section two part.

If it's a summary offense, it's Form 490. If there were a misdemeanor or felony charge, then it's form 790.

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