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I am looking for partial expungements in 2 open cases.

Reading, PA |

I have 2 open cases in which i pled guilty to atleast one charge in each case. I am looking for the expungement of all the dismissed charges in each case. Both cases have misdermenors and/or felonies. Located in berks county, PA and would like to clean my record up for employment purposes. Do i have to pay all fines and costs in each case before the removal of dismissed charges? thank you

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Attorney answers 3

Posted

Partial expungements are generally a challenge to secure. From my experience, the courts will not consider it if the case is still open. The sentence must be served and all costs must be paid. You should retain an experienced criminal defense attorney to represent you.

Posted

I agree with Attorney Keller. The case must be closed before filing an expungement petition. Moreover, it is unlikely you will be entitled to an expungement of the dismissed charges. However, you should be afforded a hearing to present a case as to why your non-conviction data should be expunged. The court will balance the Commonwealth's interest in preserving the record against the harm caused to the individual by maintaining the record. You should consult a criminal defense attorney who can fully explain the process.

James D. Doyle, Esquire - 310 N High Street, West Chester, PA 19380 - (610) 431-8910 - This is for general purposes only and does not constitute an attorney-client relationship. Contact an attorney licensed in your State for specific inquiries

Asker

Posted

I spoke to multiple Reading lawyers regarding this and they said the dismissed charges should be fairly easy to remove due to that fact of non conviction on said charges in each case of "withdrawn" or "dimissed". They each told me that still serving the parole for the cases have no relevence in the conviction of a charge in each case. They said thier office was actually never denied a petition for "dismissed" charges in a partial expungement. I am now more confused than ever. I felt i would be able to clear this up because the "dismissed" charges make me to appear like some "animal". Why is it unlikely for expungement of "dismissed" charges? They want to charge me $750 for both cases for this to happen. I asked on this site for guidence whether to pursue with this and now I feel their trying to take my money for nothing. Thank you Please help

James Daniel Doyle

James Daniel Doyle

Posted

Dear Asker, I fully understand your concern. I stated that it is unlikely you will be "entitled" to an expungement of the dismissed charges, as is often the case with some expungements, such as those pursuant to an ARD dismissal. The District Attorney's Office will have the discretion to either grant or deny your expungement petition. If it is common in Reading to grant this type of partial expungement, then that is good news for you because a hearing will likely be unnecessary. If you have already retained counsel, then I advise you to follow their recommendation(s). I wish you the best of luck.

Posted

I agree with the accurate responses you have already received from learned counsel in the eastern part of the Commonwealth.