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Daniel A Serratelli

Daniel Serratelli’s Answers

22 total

  • Can an expungement or sealed records be accessed during a background check ?

    I was falsely arrested fingerprinted with a mug shot. If I am able to obtain an expungement or sealed records would this show up on an FBI background check ? Any other background check ? What is the difference between an expungement or s...

    Daniel’s Answer

    Once you complete the expungement it would no longer show up on the FBI background check. I usually recommend clients do the FBI check both before and after we do an expungement. I have come across many people who run it with the State police prior to filing, however I have seen many instances where there are things missing from the State Police check. These missing matters can come up later and delay the process of completing the expungement.

    Keep in mind there are companies or people who conduct background checks through private companies, for example the ones you see advertising online. These companies are unofficial and often their records are not up to date. During the expungement process, all official agencies are notified to remove the matter from the record. Private companies may not have all of their data kept up to date.

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  • Are traffic violations criminal or just traffic? Do they appear on criminal background checks?

    Hello. I am from New Jersey, lived in NJ up until late last year and I work for the State of NJ (15 years) Currently living in Philadelphia and have a valid PA drivers license. Accepted a job offer with another Department, still State of NJ. ...

    Daniel’s Answer

    As my colleague mentioned traffic violations will not come up, however I'd have further questions for you to answer before I could provide a firm answer.. You mentioned a refusal to take a breathalyzer? A refusal is routinely only written with a DWI. Did you get a DWI? If you did, were there any additional charges? Did you plead guilty to anything, perhaps a municipal ordinance? I have seen many people get printed and run a background check with the State police and everything doesn't always come up, however it does when the county prosecutor checks. We recommend our clients get an FBI background check both before filing and after an expungment is done. I know you did an expungment many years ago so you may want to do the FBI check just to have peace of mind and so that you are aware of whether or not anything comes up. However, the FBI check takes about 6-8 weeks and I understand you already submitted the background check for this job. Based off the information you provided it sounds like you should be OK, just keep in mind that without all details, I can not say so for sure. It is always a good idea to speak to experienced attorney that you trust if you are in doubt. In these situations there are a lot of factors that can influence what the answer may be. Good Luck!!

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  • I was arrested with the charge Simple Assault. Judge downgraded that to Boro Ordinance. Now do I have a criminal record?

    Hi, I had arguments with my wife and that become physical and my neighbor call police as they felt disturb and police arrested me and they put simple assault change as they saw a red mark in my wife face. In next one hour I released in bail. ...

    Daniel’s Answer

    I agree with some of my colleagues and this seems to be an area where I see attorneys and prosecutors giving conflicting information. You should go to the town and request a disposition so you have a record of exactly what you plead guilty to. Many municipalities will tell you they are unable to amend a domestic violence charge to an ordinance. Often the ones who will accept anger management do it in exchange for a dismissal upon completion if the complaining witness is ok with it. While my colleagues are correct as far as how long an arrest, and various charges take to be expunged, specifics and language are important. I see many people plead to Boro ordinances told they have no record. However if you run an FBI background check, and when the prosecutors handling your expungment run you, that ordinance plea will come up. It is best to contact an attorney if you haven't already. As one of my colleagues said, if you did this on your own there is a good chance a knowledgeable attorney could have avoided any guilty plea.

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  • Spouse is abusive, I-130+I-485 is pending.

    Planning to fileVAWA I-360, can petition be file, while living in the same house?

    Daniel’s Answer

    As my colleagues have mentioned, these matters are very fact specific and more detailed information would be needed before someone can give you good advice. How long have you been married? Children? There may be better options, of course the extent of the abuse and if and how it was documented is also very relevant. This would be better served listed under immigration questions. I practice in criminal, DV and immigration. Usually I recommend using an attorney who is familiar with all of these areas if possible.

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  • Is consent a viable defense to an assault?

    I have facebook messages from a guy telling me to go to the park to fight him and I was arrested and charged. If I present the messages, is there a possibility the charges to be dropped because technically he consented.

    Daniel’s Answer

    I agree with my colleagues, however as several of them have stated it is very fact specific. More information would be needed. In my opinion, a consent defense will usually be weak, self defense would usually be a better option if applicable. As the others have stated if it was mutual fighting it can be charged as a DP, but you asked if it can be dropped. Were there any witnesses...for example, did the police or some other 3rd party witness any of the incident? Or.....did you just fight each other and maybe it didn't go as planned for him so he went to the police after the fact? Did he suffer any serious injuries? In some situations, you may want to file a cross complaint if appropriate. You should speak to an attorney so that you are well informed and make the right decisions moving forward. I'm always happy to provide any guidance I can.

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  • What are the chances for an 18 year old not to be sent to prison for being arrested for selling marijuana?

    My 18 year old brother unfortunately is going through a wrong path and was recently arrested for selling marijuana and having on him some as well. He was taken to the police station at 6pm and let go at 9pm because according to the police officer,...

    Daniel’s Answer

    Further information would be needed to really answer your question. What I would want to know first and foremost is, how much marijuana and if he has any prior convictions. Since he is 18, we would assume either he did not have a record or at least it couldn't be much. If he was released without a bail it is likely it is not something he would necessarily go to prison for, however as my colleagues stated, a guilty plea to anything can seriously impact his future. You should speak to a lawyer who can give you an idea of possible defenses. PTI is also another option that may be considered, this is an option for first offenders. I'm happy to answer any further questions and you have many good attorneys from this area who have replied to your question.

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  • What is the right route to take for an immigrant with a expiring green card with pending criminal charges?

    I cant find out what the right forms are to file for my husband.. He is a permanent resident here from Canada originally. He's been here continually in Arizona since 2003 prior to that he was hre as a snow bird every winter. His sister is a natur...

    Daniel’s Answer

    • Selected as best answer

    More information would be required here becasue there are many factors to consider in this situation. As my colleagues have mentioned, you should speak with both a criminal and an immigration lawyer. In my opinion it is important to get either a lawyer who is knowledgeable in both areas or an immigration and a criminal lawyer who either work together or have a working relationship so that there is an open line of communication. If you husband has to enter a guilty plea to something the immigration attorney would advise what he can and can not plead to (to avoid immigration consequences) At the same time, it sounds like he has options on the immigration side, so you want to make sure you choose the right one. Usually if you are married the best person for him to petition under would be you, his US Citizen wife, but I can not say this for certain without more details. If the charges are dropped, that is the best case scenario, but be careful becasue if he is offered a first offenders program, where the charges are dropped after completion of probation it is important that it is done without a guilty plea or an admission on the record. Unfortunately, I am not familiar with specifics of AZ law. Speak to experienced attorneys on both matters.

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  • Should I fight a failure to exhibit registration ticket?

    Last week I was doing 52 in a 25. A cop pulls me over, asks for my information. I gave him license, insurance, and expired registration. He came back and said he could've given me tickets for speeding and having my license plate blocked (i have...

    Daniel’s Answer

    As my colleagues have mentioned....it definitely makes a big difference which municipal court you are in as well as who the judge and prosecutor are when you appear. If you want to fight it, be sure you call in to plead not guilty and they will schedule a court date. If you just show up on the court date on the ticket, while you may be able to attempt to resolve the matter.....it may also be a wasted trip that you use only to request a court date. While I do agree with the others that the officer definitely cut you a break, if you call and get a date and can produce a registration that was valid on the day of the stop you may be able to get it dismissed, often with $33 court costs. However, you are rolling the dice and it really depends on how valuable your time is and what your current financial situation is. It is more likely you can get a dismissal with an attorney, but again it all comes down to how much money and time you want to spend, and remember..... nothing is ever guaranteed.

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  • What steps should I take to deal with possession and paraphernalia charges? (First Offense)

    About a month ago, I got caught with three other friends getting ready to smoke marijuana. We were arrested and charged with Drug Possession and Paraphernalia each. This is my first charge and I was wondering if there is any way I could have the c...

    Daniel’s Answer

    I agree with my colleagues. A conditional discharge may be a viable option, however your public defender or private attorney review all discovery prior to accepting any plea. One additional issue is the fact that you have the three co-defendants. Often in these types of cases any deals would be contingent. In many cases involving co-defendants there is also a chance that one or more of them may cooperate which can help or hurt your case depending upon the details. You will want to find out if any of your co-defendants have criminal records or if they retained private counsel or the public defender . Also, as my colleague mentioned, if there are any immigration issues you need to speak to an immigration attorney prior to accepting any plea offer. Finally, make sure you are kept informed and you are clear on how any potential plea may show up on your record in the future.

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  • What if you don't see a ticket on your windshield?

    I am wondering, what happens if you don't respond to a ticket, such as a parking ticket, left on your windshield? Are you just found guilty and a payment letter is sent to the registered owner?

    Daniel’s Answer

    In most states, the court will mail you a reminder with the offense and fine listed at least once or twice. Be sure they are aware of your proper address. Again, in many states if the ticket is never paid your licence can be suspended. This is referred to as an administrative suspension and it is easily remedied when you pay the ticket and a fee to reinstate your license.

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