Saturday, June 23, 2012

How to Get Pennsylvania Adult Criminal Records Expunged or Erased

Arrest Records - How to Get Pennsylvania Adult Criminal Records Expunged or Erased
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A criminal report can have a very serious negative impact upon your life. It can hurt your reputation, lessen your wage capacity, keep you from obtaining licenses or certifications in safe bet professions (for example, lawyer or teacher) or keep you from being employed at all. To the extent that you can, if you have such a record, you should have it expunged as soon as possible.

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In Pennsylvania, to get adult criminal records expunged, the private must file a motion for Expungement with the Court of common Pleas in the county in which the offenses occurred. At the time the motion is filed, a hearing is scheduled before a judge who will decide if the expungement invite should be granted.

With two exceptions, only non-conviction data can be expunged. Non-conviction data includes:

1. Arrest records that show no disposition took place after 18 months and the court of the allowable jurisdiction certifies that no action is pending.

2. Cases that were dismissed or discharged because of lack of evidence or lack of prosecution or because there was no looking of guilt after trial.

3. Cases that were dismissed or discharged because the offender successfully complied with the terms and conditions of safe bet pretrial dispositions such as the Ard (Accelerated Rehabilitative Disposition) program.

Conviction data may be expunged where the offender is 70 years old and has been free of arrest for at least ten years following his or her final publish from supervision. It may also be expunged where the offender had been deceased for at least three years.

In determining if the invite for expungement should be granted, the court will take into observation many factors. These contain damage to the individual's reputation, his livelihood and time to come wage capacity, the nature and gravity of the offense, the individual's prior criminal history and the state's interest in preserving the report to protect the public.

State law specifically prohibits the courts from expunging records, even though the offender has successfully complied with the terms of Ard where he or she had been charged with safe bet sexual attack or linked offenses against victims under the age of 18.

The Court order for expungement will be promptly submitted to the Pennsylvania State Police Central Repository for Criminal History facts in Harrisburg, Pa. This group will disseminate the order for expungement to all other agencies who have previously receive the facts that is the field of the order.

It is prominent to have perfect and strict criminal history facts when filing your request. The motion for and proposed Order of Expungement must contain by statute facts such as the subject's name, date of birth, social safety number, the offenses with which the field was charged, the case's docket number, the offense tracking number and the disposition of the case. If this facts is not contained in the Petition, the court will dismiss it.

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