04.21.2016

Chris’ Criminal Law Comments: Summary Case Expungement Part 1

Attorney Chris Powell, Powell Law Scranton PABy Christopher T. Powell Jr., Esq.

If you are found guilty of a Summary Offense, whether it’s littering, a traffic violation, disorderly conduct or public drunkenness, all of these offenses can be expunged, which means you will no longer have a criminal record.

Under the law, you must meet certain requirements for the court to expunge your record, and you must file a petition requesting the expungement. The petition will contain information such as the petitioner’s name, address, date of birth and Social Security number, as well as the name of the issuing authority who accepted the guilty plea or heard the case, along with the police officer, police department or even the District Attorney with his or her address. You must include the date of the citation or complaint and the specific charges you want expunged, along with the reasons for expungement.

A current copy of petitioner’s state police criminal record must be attached. This all must be accomplished within 60 days before filing the petition. A copy of the petition must be served on the District Attorney’s Office. They have 30 days to object to the expungement. If the judge grants the petition for expungement, he may enter an order directing the expungement. However, if the District Attorney objects, they can file a stay order and appeal the judge’s ruling.

Being charged with a crime can be scary and confusing. Trust Powell Law to guide you through every step of the criminal process. Contact us online or call (570) 961-0777.

 

 

 

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