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Bernard Timothy Hessley
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Bernard Hessley’s Answers

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  • How can I expunge or reduce my felony conviction of 3 degree homicide, from 30 years ago?

    I am still being affected with this while looking for work, how can I get this Reduced or expunged from my record. I was 17 at the time and was covicted as an adult. To accessary after the fact. During a B&E, my partner killed the homeowner whi...

    Bernard’s Answer

    Persons convicted of a crime may have records expunged in the following cases:

    (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.

    (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) and the person has satisfied all terms and conditions of the sentence imposed for the violation, including any suspension of operating privileges.

    (4)An individual in whose case 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

    A person is not eligible for expungement if placed in an ARD program and victim was under the age of 18 for any of the following offenses:
    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).
    18 Pa.C.S.A. § 9122.

    In the case of juvenile records, a person may seek expungement when

    1) the complaint or petition resulting from a complaint is dismissed;
    2) six months have elapsed since the final discharge of the person from supervision under a consent decree and no proceeding 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 discharge, and the person has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending;
    4) the person is 18 or older and court determines expungement is in the best interests of justice. 18 Pa.C.S.A. § 9123.

    How do I get records expunged?

    For juvenile records sought to be expunged under 18 Pa.C.S.A. § 9123, a court may order expunction of records upon its motion or upon the motion of a child or the parents or guardian. 30 days' notice to the district attorney must be given.

    In other cases, involving adult convictions under 18 Pa.C.S.A. § 9122, the person must petition the court with jurisdiction over such records and the court must send a certified order to the agency having control over the records.

    Expungements of records of arrest under Rule 320 are automatic as a matter of law after successful completion of ADR requirements. When the judge orders the dismissal of the charges against the defendant, the judge shall also order the expungement of the defendant’s arrest record.

    If the attorney for the Commonwealth objects to the automatic expungement, the objections shall be filed with the judge, together with the objections to dismissal, if any, within 30 days after service of a motion for dismissal under Rule 319, and copies of the objections shall be served on the defendant or the defendant’s attorney.

    If the objections are filed, the judge shall hold a hearing on the objections, affording all parties an opportunity to be heard.

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  • How far back can a crime be held against me

    children and youth is trying to make me go through all the same counseling I did 19 years ago with no incidence of up to present. before giving me my children

    Bernard’s Answer

    Unless your record is expunged, a conviction for a crime will be on your record for life.

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  • Will ARD show back up as my 1st offence even if it has been 2 years

    i completed ARD in 2007 and just got pulled over 2 days ago. I blew a .18 and the cop said this would be considered my first offence is this true? will i have to do more than likly jail time?

    Bernard’s Answer

    Even if your ARD record is expunged the District Attorney keeps a record of people who were placed on ARD. This will count as a second offense for sentencing purposes. There is a mandatory minimum of 5 days of incarceration for a second offense highest rate of alcohol.

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  • I'm 18 and at a party at a friends outside patio. We were loud and a neigbor called police. We had each had a beer or two.

    We were charged with misdemeanor disorderly conduct. But, not underage drinking. 1. what is the difference between summary disorderly conduct and misdemeanor disorderly conduct? 2. were the police supposed to advise us of our rights? ...

    Bernard’s Answer

    1. Summary offenses in PA are not considered crimes, but violations. Misdemeanors on the other hand are crimes. Summary offenses generally, but not always, on subject you to a nominal fine. A misdemeanor disorderly conduct subjects you to a possible maximum term of incarceration of one year and/or a fine of $2500.

    2. Its a good practice for police to always advise you of your Miranda rights, but it really only comes into play if you make a statement to the police.

    3. The Magisterial District Judge will usually place you on a payment plan.

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  • What if i want to get a divorce but I'm unemployed, have 2 kids and no family in this state (Pa.) & husband pays the mortgage?

    Want to know what to do if I would like a divorce but dont know where to go live. We have 2 kids and currently a stay at home mom (unemployed). Husband pays for bills & mortgage.

    Bernard’s Answer

    • Selected as best answer

    File for divorce and include a claim for spousal support, child support and alimony pendente lite.

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  • Hi my nephew was accused of robbery of a store, he claims he's innocent and was not in town when the robbery happen.

    he took a lie detector test and failed. how can he prove his innocents, he has been sitting in jail for almost six months, he has not gone to trail as of yet, they are still trying to gather evidence, His lawyer suggest he take a plea, but he fee...

    Bernard’s Answer

    First, your nephew doesn't have to prove he is innocent. Under the U.S. And PA Constitutions he is presumed innocent unless and until he is proven guilty beyond a reasonable doubt by the Commonwealth after a trial by a jury of his peers. If he has an alibi defense, he should let his attorney know as soon as possible so that he can provide the District Attorney's office with the required notice of this affirmative defense.

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  • I lost my Lisence in Pennsylvaina if i move to new jersey can i get one there

    I lost my Lisence in Pennsylvaina if i move to new jersey can i get one there

    Bernard’s Answer

    Probably not. Usually state won't issue a new license if you are still under suspension in your former state.

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  • Got a ticket for 71 in 65. pleaded not guilty, went to court, cop upped it to 81 n 65. can they do that?

    cope had on my ticket 71 in a 65, went to court and he said he gave me break day of saying i was doing 81 but no where on my copy did it say that. So he told judge to change to 81 in a 65 and they found me guilty told me i can appeal, what is my b...

    Bernard’s Answer

    It wouldn't hurt to appeal. The form can be found here: http://www.ccpa.net/DocumentView.aspx?DID=3297

    Appeal from Magisterial District Judge Sentence

    A defendant who has been found guilty or who has plead guilty to a summary offense may file an appeal with the Court of Common Pleas. There is a deadline of 30 days from the date of the District Justice's ruling. Summary Appeal Forms are available in the office of the Clerk of Courts or click on the link below, complete and mail. Should the defendant wish to file an appeal more than 30 days after the District Justice's ruling, it will be necessary for the defendant to file a Petition Nunc Pro Tunc. This is a request made to the Judge allowing the defendant to file for an appeal even though the deadline has passed. An attorney can assist the defendant in filing the Petition Nunc Pro Tunc. Information is also available in any law library.

    A non-refundable fee of $43.00 is charged by the Clerk of Court for the filing of any summary appeal or petition for nunc pro tunc. This fee is in addition to any costs and fines which may be or may have been charged.

    Print out form and complete. MAIL ORIGINAL PLUS (+) FOUR (4) COPIES TO:

    CUMBERLAND COUNTY CLERK OF COURTS
    1 COURTHOUSE SQUARE
    2nd Floor
    CARLISLE, PA 17013

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  • Expungement

    How do I go about getting my record expunge in the state of new york and how long does it take? I was arrested and charge in 2004 for the possession of marijuana the amount was no more than 11 grams.

    Bernard’s Answer

    New York Criminal Procedure Law 160.50 permits the "sealing" of cases where charges were dismissed, vacated, set-aside, not filed, or otherwise terminated. Otherwise, New York does not allow expungements, or "sealings," of cases where a conviction was entered, except for some older controlled substance, marijuana, and loitering offenses. Sealing a record under 160.50 will prevent the public from having access or seeing the records, including fingerprint cards, photographs, court entries, and other information related to the case. The record may still be made available to some entities, such as courts and law enforcement.

    New York also permits the expungements of non-criminal dispositions (violations and traffic infractions, such as disorderly conduct) through New York Criminal Procedure Law 160.55. Misdemeanor[citation needed] and felony adjudications are not eligible.

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  • I was

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    Bernard’s Answer

    I didn't understand your question.

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