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Why would PA state police still have record of arrest if was expunged??

Norristown, PA |

Retail theft in sept 07. Consulted attorney, ARD with expungement in March 08. Now, checking PATCH and it states I have a record. I don't understand if this was expunged

Attorney Answers 4


  1. Best answer

    An actual motion for expungement needs to be filed and approved by the court, consult with the attorney or get a new one is my suggestion.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Theodor Kapun and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.


  2. If I'm on the same page as you "PATCH" is a privately run website which, among other things, gathers news and groups information on a rather local level. It is basically no different then any other private information source like a local newspaper. My guess is that they reported on your case when you were charged and have done nothing to purge their system of the information. I have no direct experience with it or their responsiveness, but you can try contacting them to see if they will pull that information in light of the expungement. Unfortunately expungement has nothing to do with information gathered and maintained by such entities. Provided your expungement in fact was granted then they may be willing to remove the information. Be aware that they may charge a fee for doing this. mugshots. com is a notorious site devoted exclusively to information pertaining to criminal cases. Good luck.


  3. Patch is a state police website. Do you have a copy of the expungement Order? Do you know whether the order was served on the State Police Central Repository? You can check the Common Pleas docket sheet online. If there is still a docket sheet, then the expungement hasn't been completed. It is not automatic.


  4. Section 9122(c) of the crimes code provides that a prosecutor and central repository may retain records of an expunged offense for purposes such as sentencing or determining whether you are eligible for ARD again. So your public record is expunged, but they can retain a record of it to make sure you don't keep getting ARD which is not intended for a repeat offender.

    This answer is for informational purposes only. This answer does not constitute legal advice or create an attorney-client relationship.

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