Re: Denied expungement

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Posted by rl on December 18, 2002 at 21:20:00:

In Reply to: Denied expungement posted by Jessica_PA on December 18, 2002 at 20:53:28:

: I was arrested for the retail theft in PA in August 2002. I went to the court in October 2002. I plead guilty for the DC and had "retail theft" withdrawn. Then I talked to the court clerk to have it expunge. I submitted the paperwork to them. Now I just received back from them that it was denied. They said it is because I plead guilty to DC to have the original charge withdrawn.

: 1. What should I do? Can I do anything to expunge this record? I would like to have the arrest record expunged.**I remember months ago reading about a similar DC conviction in Pa, and that Pa was very tough on expunging these records**

: 2. I did wrong only one time. Do I have to have this arrest record for my whole life?**If your original charges were withdrawn, is it posible your arrest charges were taken off your record(sealed)? Mine were in NY so a background check would only show the disposition and sentence but not the original charge. You should be able to find out from the court. **

: 3. If it cannot be expunged. In the future, when I applied for the job, do I need to say that I was convicted for the crime? Or I just say no?**Is DC a 'crime" in Pa? In NY it is only a violation so I would be able to check "no". Again, find out from the court if DC is a crime or violation. If only a violation, you could check "no". **

: 4. Now I am confused. Officer said that DC would not hurt me. But now the arrest record is hurting me. What does it mean? Arrest record will show up anytime I apply to the job or not? Will it show up in background check?**It depends on Pa state statutes. A record like yours in NY would not show up on a fingerprint check but on a local court record check the dispo and sentence would. I don't know about Pa. Since you were convicted of something(DC) I would say it would show up on a check of the court records. Most likely the dispo and sentence would show. I don't know about the arrest. Pa statutes should help you as well as finding out from the court. **

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: : I was arrested for the retail theft in PA in August 2002. I went to the court in October 2002. I plead guilty for the DC and had "retail theft" withdrawn. Then I talked to the court clerk to have it expunge. I submitted the paperwork to them. Now I just received back from them that it was denied. They said it is because I plead guilty to DC to have the original charge withdrawn.

: : 1. What should I do? Can I do anything to expunge this record? I would like to have the arrest record expunged.**I remember months ago reading about a similar DC conviction in Pa, and that Pa was very tough on expunging these records**

: : 2. I did wrong only one time. Do I have to have this arrest record for my whole life?**If your original charges were withdrawn, is it posible your arrest charges were taken off your record(sealed)? Mine were in NY so a background check would only show the disposition and sentence but not the original charge. You should be able to find out from the court. **

: : 3. If it cannot be expunged. In the future, when I applied for the job, do I need to say that I was convicted for the crime? Or I just say no?**Is DC a 'crime" in Pa? In NY it is only a violation so I would be able to check "no". Again, find out from the court if DC is a crime or violation. If only a violation, you could check "no". **

: : 4. Now I am confused. Officer said that DC would not hurt me. But now the arrest record is hurting me. What does it mean? Arrest record will show up anytime I apply to the job or not? Will it show up in background check?**It depends on Pa state statutes. A record like yours in NY would not show up on a fingerprint check but on a local court record check the dispo and sentence would. I don't know about Pa. Since you were convicted of something(DC) I would say it would show up on a check of the court records. Most likely the dispo and sentence would show. I don't know about the arrest. Pa statutes should help you as well as finding out from the court. **

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