Is there any was to have a traffic ticket expunged from my record?
Full Question:
I have a Pennsylvania CDL drivers license. About nine years ago I received a ticket for leaving the scene of an accident. I scraped a traffic light while making a turn. I did not know I did it, but a city worker witnessed it and called police. There was no damage to my trailer and minimal damage to the light post. Is there any way to have this ticket expunged from my license? This ticket makes it virtually impossible to get a truck driving job.
04/02/2009 |
Category: Criminal ยป Expungement ... |
State: Pennsylvania |
#15852
Answer:
Expungement is applicable to criminal records, and generally isn't appliable to traffic tickets that don't involve a criminal charge. For adults, records may be expunged for convictions related to the purchase, possession, consumption, or transportation of alcohol when the terms of the sentence have been completed. Expungement is available when there has been no disposition after 18 months or no conviction in the case. Persons over 70 without an offense in the past 10 years, persons dead for 3 years, and certain juveniles may also have records expunged.
Please see the following PA 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).
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.
75 Pa.C.S.A. § 3745. Accidents involving damage to unattended vehicle or
property
(a) General rule. — The driver of any vehicle which collides with or is
involved in an accident with any vehicle or other property which is
unattended resulting in any damage to the other vehicle or property shall
immediately stop the vehicle at the scene of the accident or as close
thereto as possible and shall then and there either locate and notify the
operator or owner of the damaged vehicle or other property of his name,
address, information relating to financial responsibility and the
registration number of the vehicle being driven or shall attach securely
in a conspicuous place in or on the damaged vehicle or other property a
written notice giving his name, address, information relating to
financial responsibility and the registration number of the vehicle being
driven and shall without unnecessary delay notify the nearest office of a
duly authorized police department. Every stop shall be made without
obstructing traffic more than is necessary.
(b) Penalty. — A violation of this section is a summary offense,
punishable by a fine of $300 or imprisonment for not more than 90 days, or
both.
