Cops found a bowl, a bong, and a grinder in my apartment without any marijuana. I know they cut me a break by giving me a disorderly conduct, but I was wondering if there was any way I could have it dismissed or dropped from my record? My roommate was being loud one night and was drunk, which is why the police were called in the first place. They came up, asked us to keep it down and I told them we were going to bed, because he was really drunk. He then tripped over a chair, causing a loud bang on the tile floor, and they came back and arrested him as he was turning off the music in my bedroom. I was fully cooperating with them all night and they had no reason to shove their way back in to my apartment like they did. We live in off campus apartments, and dealt with University Police.
Criminal Defense Attorney
If this is a summary offense Disorderly Conduct and you have been convicted, you can get the conviction expunged if five years goes by from the date of conviction and you have no arrests or prosecutions during that five years. If you haven't been convicted you should talk to a criminal attorney about your options to fight the citation and the possibilities of having the citation withdrawn and misdemeanor charges (drug paraphernalia) filed and the possibility of a successful suppression motion being filed for illegal search. (its not clear from the facts you gave whether this was the items the found and presumably seized were the fruits of an illegal search and subject to suppression.
From the way you phrased your question, it sounds like the charge is currently pending. If so, then you should take all of this information to a criminal defense attorney as soon as possible. In addition to exploring any suppression issues related to the officer's entry into the apartment, your attorney may also discuss options for you that do not include a conviction on your record. If you plead guilty to a summary disorderly conduct, it is a minimum of 5 years before it can be removed from your record.
This answer is provided is for informational purposes only. It is intended to provide general information and does not create an attorney-client relationship with me or my law office. Nothing here should be relied upon as legal advice, and only an attorney with knowledge of your specific case can give you advice as to how the law applies. Nothing in this response creates an attorney-client relationship and therefore these communications cannot be treated as privileged or confidential.
Criminal Defense Attorney
If University police just arrested you and you never went to court then you may just need an expungement. If you were charged, went to court but they gave some type of alternative disposition then you are still eligible for an expungement. If however you were convicted following a plea you may or may not be eligible for an expungement. While the facts you provided are a bit limited it sounds like you are more than likely in good shape to have your record cleaned up.
I agree with the above and suggest speaking with a local criminal defense lawyer that handles these situations with ESU police. It is possible to have this dismissed and expunged from your record. I regularly handle these matters and you should feel free to contact me.
Brian C. Jordan, Esquire is a Pennsylvania-licensed attorney only. This information is not, nor is it intended to be, legal advice. Brian C. Jordan, Esquire's response is for informational purposes only. You should consult with an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Brian C. Jordan, Esquire or Cramer, Swetz & McManus, P.C. does not constitute legal representation, nor is any information you provide protected by attorney-client privilege. Brian C. Jordan, Esquire only provides legal services on behalf clients after receiving a written, signed fee agreement.