Criminal Records, Expungement Expunging a Summary Offense

[caernach]

I recently discovered, much to my chagrin, that a Harassment complaint which was filed against me in 2006, and for which I was fined, was apparently a Summary Judgment against me and counts as a criminal record (despite the fact the Public Defender at the time assured me it would not result in a record). I only found out when I conducted my own criminal record search online (for an employer request), and even went to the local State Police barracks to be fingerprinted, convinced there was some sort of mistake when the online request came back as a 'Record' under my name.

Now it is 7 years later, and personnel at the District Court told me I would have to hire an attorney to begin the process of trying to get this Summary Offense expunged from my record. Approximately how long would this take, and how much might I expect to have to spend before all is said and done?

 

[Betty3]

http://www.baritzlaw.com/Articles/Expunging-a-Criminal-Record-in-Pennsylvania.shtml

per link above (Pa) - After a change to the law passed in 2008, a person may now expunge a summary offense as well, as long as the offense happened at least five years ago and the person has had a clean record since the offense. A summary offense is an offense usually punished by a fine, such as underage drinking, driving without a license and speeding.

You will probably want to consult with an attorney. (He/she should be able to answer any questions you might have.)

 

[mangobubblegum]

I'm confused as to why a summary offense conviction would show up on a state background check. I've had a summary offense conviction and it never showed up on a state or FBI background check, although it did show up on other searches, such as on the searchable state magisterial court website if you searched for my name and birthdate. Are you sure the harassment charge was a summary offense, not a misdemeanor?

Your attorney was somewhat right, somewhat wrong when he told you that a summary offense would not result in a record. Technically a summary offense is considered to be a nontraffic citation, not a criminal citation, so it doesn't create a technical "criminal record". However, it does still create a record, because employers can still find it if they search far enough for it, just like they can find any traffic violation tickets if they searched far enough for those too. Most employers don't care to check that far, and are more concerned with misdemeanors and felonies than they are about summary offenses, aka "ticket offenses". But jobs in some areas, such as education or law, do in fact care very much if you have anything more than a simple traffic/moving violation on your record. They will ask you to disclose it, and also check your records to make sure you are telling the truth.

As far as expungement. I do not know which state you are in, which is important, because laws vary from state to state. In my state of Pennsylvania, summary offenses only recently became eligible for expungement. Nowadays if you go five years from the date of summary offense conviction with no arrests at all, you can get the summary offense expunged. I think other states follow similar policies but you have to check. You do not need a lawyer to check this out or to even apply. If you're eligible in your state to expunge the summary offense, you do not need a lawyer to do it. In my state, each county literally posts an instruction and form packet on the Internet explaining how to expunge the record yourself. All you have to do is print the forms, fill them out, and send them in with several stamped envelopes and a $120 expungement fee. The process just involves patience, locating the right forms, and being assertive (e.g., you might need to phone the clerk of courts or district attorney's office to ask a question, since not everything is clearly spelled out in the expungement directions). But I definitely would not pay a lawyer to do that, unless you are financially well-to-do and lack the time to do it yourself. This is not a murder trial you need representation for, this is a paperwork process for a small-time ticket offense.

 

[army judge]

Mango Bubblegum, this thread is more than two years old.
Please don't post to old threads.
We discourage necroposting.
Than you.

 

[Michael Wechsler]

Army judge - I think most people don't realize when there are old posts. In the new system we'll have an automatic lock after a period of time. Poster had a legitimate concern about expungements and may have initially found our site through this topic. Thanks for the follow up and vigilance, just an FYI!

 

[army judge]

Army judge - I think most people don't realize when there are old posts. In the new system we'll have an automatic lock after a period of time. Poster had a legitimate concern about expungements and may have initially found our site through this topic. Thanks for the follow up and vigilance, just an FYI!

Super, I'm sure an automatic time lock on threads will reduce the clutter.
Most necroposters are those bent on increasing their post count to facilitate spam.