About ten years ago I was charged (rightfully) with disorderly conduct after a fight occurred outside of my residence, then ended up inside of my residence. I had no part in the fight. The actors had left and I guess the police had to charge someone (I was not alone, each resident was charged). Up until recently, I didn't think anything of it. I then noticed that it was 5503 A 1 (engages in fighting or threatening, or in violent or tumultuous behavior) when it clearly should have been something along the lines of 5503 A 2 (excessive noise) or 4 (creates a hazardous or physically offensive condition...). Is it possible to have the record expunged / changed to the definition not related to fighting? Appx 10 yrs ago and I've never had even a traffic ticket since. Thanks for your help :)This was a party at a house outside of a college campus if that is of any relevance. I do not believe any of the actual actors were charged with anything. I've looked it up further -- the offense is graded S (I'm guessing this is summary), it was a guilty plea, and it was over ten years ago by a couple months. There were no arrests, it was like getting a traffic ticket. I had to go in to see the judge, paid the fine and that was it. update -- what is the approximate price of your services to take care of this (Berks Co PA)
You should apply to have your record expunged. Under Pennsylvania law, you are entitled to petition for expungement of a summary offense if you have remained crime-free for 5 years after the incident. It sounds like that is the case based upon your description above. I would suggest contacting an experienced attorney to prepare the documents for you so that nothing is done incorrectly.
The above is a general answer but should not be considered specific legal advice for your case. It is in your best interest to contact a qualified attorney to discuss the particular facts of your individual situation.
It can be expunged. Contact a local criminal defense attorney who has expertise in this area. Most firms like ours, offer free consults. Good luck.
The charge can't be changed, but expungement is avaialble. If you have a qualifiable criminal offense in Pennsylvania, you certainly should get an expungement since a criminal record presents substantial barriers to your finding employment, suitable housing, becoming bonded, obtaining a gun permit or a professional license. It can also impede your ability to travel internationally or to enroll in certain academic institutions.
Pennsylvania law allows expungement of summary offenses, which are minor crimes tried by a judge only and include offenses such as traffic tickets and contempt of court. Your summary offense conviction may be expunged so long as you pled guilty, had the citation dismissed, completed an Accelerated Rehabilitation Disposition or had the court order your conviction expunged. You must also have satisfied all terms and conditions of your sentence and be free of arrest or conviction for five years following your disposition.
Misdemeanors of the second degree may be expunged if they were committed while you were 25 years of age or younger and you have no record of arrest or convictions for seven to 10 years. A third-degree misdemeanor may be eligible for expungement provided you had no arrests or prosecutions during this period. Good luck
Particular misdemeanor offenses that do not qualify for expungement include second-degree assault, any crime involving use of a firearm, sex offenses, retaliation against a witness or victim, cruelty to animals or impersonating a public official.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline