Criminal Defense Lawyer Blog

Posts Tagged ‘expungement’

ARD & Expungements

Wednesday, August 19th, 2009

If you get ARD (Accelerated Rehabilitative Disposition), you successfully complete ARD, and you get a certificate of completion for ARD, you can have your the record of your arrest expunged unless your case is of a sexual nature.

If you had ARD and did not successfully complete the program, you may still be eligible for an expungement. Often the only reason a person’s ARD looks incomplete is that there is an outstanding fine or cost that the person did not know even existed. in that instance, you can still have an expungement.

When ARD is the final disposition of the case, we can almost always figure out a way to get the matter expunged. Always remember that arrests alone still come up in NCIC which is the data base used by the FBI. Therefore, any employer that uses a database for record checks based on the NCIC, will see your arrest even if you had ARD and were never convicted.

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Is a Summary Offense a Crime?

Tuesday, June 2nd, 2009

A distinguished lawyer call our office this morning to discuss a previous post on summary offenses, where the reader could interpret our post to mean that summary offenses are not crimes. He stated that under Commonwealth v. Matty, 619 A.2d 1383 (Pa. Super. 1993), certain summary offenses are in fact crimes because if you face jail time in a case, it is a criminal case.

First, summary offenses are broken into two categories, traffic offenses and non-traffic offenses. Certain traffic offenses are not criminal offenses, but can carry jail time. Therefore, I respectfully disagree with my colleage that if you are looking at jail time, the case that puts you in jail must be a crime.

Further, in Matty, the issue is whether a conviction for a summary conviction can stand when a crime was charged to the jury. The issue in the case is NOT whether a summary offense is a crime. Clearly, 18 Pa.C.S.A. sec. 106, defines all gradations of crimes and summaries are not listed. Therefore a summary offense is not a crime technically. Therefore, I respectfully disagree with my colleague regarding the syntax of the case and the PA Code.

However, summary offenses are reported to the Pennsylvani State Police and they pop-up on record checks (traffic offenses do not appear on criminal record checks). Regardless of how one reads the Matty case or sec. 106, if you are convicted of a Summary Offense, you may face jail time and the Summary Offense will come up in a crminal record check.

A Summary Offense is expungeable and a Summary Offense is reported on a criminal record check. This debate about whether a Summary Offense is a criminal offense is of no moment. The real issue is whether a Summary conviction can effect your life and liberty? The answer is clearly: yes.

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Summary Offenses in Pennsylvania

Thursday, January 22nd, 2009

Summary Offenses in Pennsylvania range from disorderly conduct to speeding tickets.  Summary offenses are broken down into two categories, traffic and non traffic offenses.  Non traffic summary offenses DO appear in criminal record history checks even though summary offenses are actually not criminal convictions like misdemeanors and felonies. Summary offenses are often reviewed by potential employers and should be taken seriously even though they are not criminal convictions.

Some of the most common summary offenses we see are disorderly conduct, public drunkenness, retail theft, and harassment. Often times when the police don’t really have any real crime to charge , but they want to assert their power against you, they use a summary offense as a guise to make a lawful arrest and say that your conduct was unlawful.

For example, I have had many cases where clients tell me that they observed the police making a bad arrest or physically inflicting harm against someone they were trying to arrest and my client started yelling at the officer about the way they were treating the other human being, or they were capturing the treatment on video from their cell phone. Another officer approaches my client and arrests them for disorderly conduct, and magically, their phone disappears.

Summary offenses are expungeable in Pennsylvania, even if convicted. If five years pass with no other incidents with the law, you may apply for an expungement with the Court of Common Pleas, and there will be a full hearing as to whether the summary conviction with be expunged. Unlike and ARD (Accelerated Rehabilitative Disposition), there is no automatic right to expungement–you must win the hearing.

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