I was convicted of shoplifting, a fine was paid and probation served, can my record me cleared?
Full Question:
I was convicted of shoplifting, a fine was paid and probation served, can my record me cleared?
10/26/2007 |
Category: Criminal ยป Expungement ... |
State: Pennsylvania |
#11035
Answer:
The following is a statute:
18 Pa.C.S.A. § 9122. Expungement
(a) Specific proceedings. — Criminal history record information shall
be expunged in a specific criminal proceeding when:
(1) no disposition has been received or, upon request for criminal
history record information, no disposition has been recorded in the
repository within 18 months after the date of arrest and the court of
proper jurisdiction certifies to the director of the repository that no
disposition is available and no action is pending. Expungement shall not
occur until the certification from the court is received and the director
of the repository authorizes such expungement;
(2) a court order requires that such nonconviction data be expunged; or
(3) a person 21 years of age or older who has been convicted of a
violation of section 6308 (relating to purchase, consumption, possession
or transportation of liquor or malt or brewed beverages) petitions the
court of common pleas in the county where the conviction occurred seeking
expungement and the person has satisfied all terms and conditions of the
sentence imposed for the violation, including any suspension of operating
privileges imposed pursuant to section 6310.4 (relating to restriction of
operating privileges). Upon review of the petition, the court shall order
the expungement of all criminal history record information and all
administrative records of the Department of Transportation relating to
said conviction.
(b) Generally. — Criminal history record information may be expunged
when:
(1) An individual who is the 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 the subject of the information has been dead
for three years.
(b.1) Prohibition. — A court shall not have the authority to order
expungement of the defendant's arrest record where the defendant was
placed on Accelerated Rehabilitative Disposition for a violation of any
offense set forth in any of the following where the victim is under 18
years of age:
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 5902(b) (relating to prostitution and related offenses).
Section 5903 (relating to obscene and other sexual materials and
performances).
(c) Maintenance of certain information required or authorized. —
Notwithstanding any other provision of this chapter, the prosecuting
attorney and the central repository shall, and the court may, maintain a
list of the names and other criminal history record information of
persons whose records are required by law or court rule to be expunged
where the individual has successfully completed the conditions of any
pretrial or post-trial diversion or probation program. Such information
shall be used solely for the purpose of determining subsequent
eligibility for such programs and for identifying persons in criminal
investigations. Criminal history record information may be expunged as
provided in subsection (b)(1) and (2). Such information shall be made
available to any court or law enforcement agency upon request.
(d) Notice of expungement. — Notice of expungement shall promptly be
submitted to the central repository which shall notify all criminal
justice agencies which have received the criminal history record
information to be expunged.
(e) Public records. — Public records listed in section 9104(a)
(relating to scope) shall not be expunged.
(f) District attorney's notice. — The court shall give ten days prior
notice to the district attorney of the county where the original charge
was filed of any applications for expungement under the provisions of
subsection (a)(2).
Rule 170. Expunging or Destroying Juvenile Court Records
A. Motion. Juvenile records may be expunged upon motion.
B. Contents of Motion. A motion, which shall take the form of a
proposed court order, shall contain the following information:
(1) The name of the juvenile;
(2) the date of birth of the juvenile, if known;
(3) the juvenile's case docket number, if any;
(4) the allegations to which the order pertains;
(5) the law enforcement agency that initiated the allegations;
(6) the reference number of the police report or written allegation to
be expunged or destroyed;
(7) the date of arrest;
(8) the disposition of the written allegation or petition;
(9) the reasons and statutory authority for expunging or destroying the
document; and
(10) the agencies upon which certified copies of the court order shall
be served.
C. Service of Motion. In addition to the service required by Rule 345,
the movant shall serve the motion on the chief juvenile probation
officer.
D. Answer. The attorney for the Commonwealth, and any other person upon
whom the motion was served, may file an answer to the motion.
E. Hearing. Unless the attorney for the Commonwealth consents to
expunging the records, the court shall schedule and conduct a hearing,
and thereafter grant or deny the motion.
Comment: See 18 Pa.C.S. § 9123 for records that may be expunged and
42 Pa.C.S. § 6341(a) for destruction of fingerprints and photographs.
Under paragraph (B)(6), any number assigned to police papers helpful in
tracking the police report or written allegation that would assist the
law enforcement agency in expunging or destroying the document is to be
listed. A reference number could be an offense tracking number, district
control number, crime control number, incident number, Philadelphia
identification number, or another number assigned by the law enforcement
agency to track the document.
18 Pa.C.S.A. § 9123. Juvenile records
(a) Expungement of juvenile records. — Notwithstanding the
provisions of section 9105 (relating to other criminal justice
information) and except upon cause shown, expungement of records
of juvenile delinquency cases wherever kept or retained shall
occur after 30 days' notice to the district attorney, whenever
the court upon its motion or upon the motion of a child or the
parents or guardian finds:
(1) a complaint is filed which is not substantiated or the
petition which is filed as a result of a complaint is
dismissed by the court;
(2) six months have elapsed since the final discharge of
the person from supervision under a consent decree and no
proceeding seeking adjudication or conviction is pending;
(3) five years have elapsed since the final discharge of
the person from commitment, placement, probation or any other
disposition and referral and since such final discharge, the
person has not been convicted of a felony, misdemeanor or
adjudicated delinquent and no proceeding is pending seeking
such conviction or adjudication; or
(4) the individual is 18 years of age or older, the
attorney for the Commonwealth consents to the expungement and
a court orders the expungement after giving consideration to
the following factors:
(i) the type of offense;
(ii) the individual's age, history of employment,
criminal activity and drug or alcohol problems;
(iii) adverse consequences that the individual may suffer
if the records are not expunged; and
(iv) whether retention of the record is required for
purposes of protection of the public safety.
(b) Notice to prosecuting attorney. — The court shall give
notice of the applications for the expungement of juvenile
records to the prosecuting attorney.
(c) Dependent children. — All records of children alleged to
be or adjudicated dependent may be expunged upon court order
after the child is 21 years of age or older.