Can I have a conviction or guilty plea to a summary offense expunged?
State College Summary Offense Expungement Lawyer
Section 9122 of the Crimes Code allows for the expungement of summary offenses IF the person “has been free of arrest or prosecution for five years following the conviction for that offense.” Basically, if a person has stayed out of trouble for five years, he or she is eligible to have a summary conviction expunged. Again, eligibility simply allows a person to file an expungement petition, and to have a judge consider the request and render a decision. The expungement law expressly provides that such criminal history “may” be expunged, meaning a judge may deny the request.
Expungement is Discretionary
When an expungement is discretionary, a very important factor in the judge’s decision is whether or not the district attorney will oppose the expungement request. If the district attorney does not oppose the request, then there is a high likelihood that the judge would grant the expungement request. However, if the district attorney opposes the expungement, then the judge is bound to consider various factors that are discussed in Pennsylvania court cases. Important factors that the court considers are the district attorney’s precise argument for opposing the expungement and the petitioner’s reason for requesting an expungement. After considering the various factors, the judge makes the ultimate decision regarding whether or not an expungement is appropriate under the circumstances.
Successful litigation of expungement petitions
State College criminal defense attorney Jason S. Dunkle has successfully litigated expungement petitions that were opposed by the district attorney’s office. Contact Attorney Dunkle, an experienced expungement lawyer, for a FREE CONSULTATION at (814) 954-7622 or via e-mail.