Criminal Defense Attorney | Clearfield, PA

FAQs

What is an Expungement? Can my charges be expunged?

In Pennsylvania, the law states:

•9122 (B) Generally - Criminal history record information may be expunged when:

(1) and individual who is subject of the information reaches 70 years of age and has been free of arrest or prosecution for ten years following final release from confinement or supervision; or

(2) an individual who is subject of the information has been dead for three years.

(3) (I) And individual who is the subject of the information petitions the court for the expungement of a summary offense has been free of arrest or prosecution for five years following the conviction for that offense.
(ii) Expungement under this paragraph shall only be permitted for a conviction of a summary offense

(B.1) Prohibition - A court shall not have the authority to order expungement of the defendant's arrest record where the defendant was placed of Accelerated Rehabilitative Disposition for a violation of any offense set forth in any of the following where the victim is under 18 years age:
Section 3121 relating to rape; Section 3122.1 relating to statutory sexual assau< Section 3123 relating to involuntary deviate sexual intercourse; Section 3124.1 relating to sexual assau< Section 3125 relating to aggravated indecent assau< Section 3126 relating to indecent assau< Section 3127 relating to indecent exposure; Section 5902(b) relating to prostitution and related offenses; Section 5903 relating to obscene and other sexual materials and performances.

Please note that you also may have an expungement of your arrest record if and only if you did not plead to or were convicted of ANY offense on the same docket number.

WHAT IF A POLICE OFFICER CONTACTS ME AND WANTS TO QUESTION OR INTERVIEW ME?

Any time you have any contact with law enforcement officers you should CONTACT AN ATTORNEY IMMEDIATELY before you make any statements whatsoever. A lot of times in investigations, the best evidence the Commonwealth has is your own statement.

WHAT IS ARD? AM I ELIGIBLE?

ARD - Accelerated Rehabilitative Disposition is a program for first time offenders in which your charges would be ‘set aside' and you would be required to serve a period of probation, complete community service, counseling and fines, at the successful completion of the program your charges will be expunged. If at any time you do not complete the program successfully, or violate any term of your probation, you will be terminated/revoked from the program and your original charges will then again proceed to trial.

Contact our criminal defense attorney in Clearfield, Pennsylvania, for an appointment to discuss more questions you have about your case.