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Representing People with Criminal Records: Expungements

Sharon Dietrich,Community Legal Services, Inc.

Scott Williams,North Penn Legal Services

August 12, 2010

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Expungement Cases are Important for Clients!

Criminal records are insidious barriers to employment.

Removing criminal cases makes a person immediately more employable. It is a capital investment in that person’s life.

Expungement cases are relatively quick and easy, especially for such important results.

Client satisfaction is high.

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What We Will Cover Today

What are the sources of criminal records, and how do you get one from the AOPC website;

Applicable law for expungement cases; How to handle an expungement case.

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Starting at the Beginning: How to Find Out What is on a Criminal Record

For instantaneous results, check AOPC’s website:http://ujsportal.pacourts.us/docketsheets/cp.aspx

Website demonstration. Arrests without convictions show up. District Justice actions appear separately.

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Other Source’s of Your Client’s Criminal Record Pa. State Police - “PATCH.”

https://epatch.state.pa.us/Home.jspCosts $10; not instantaneous if record.Does not show arrests.Mandated in certain fields (esp. health care

workers).

FBI records – available only if required by law (child care, school employees, casino workers).

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Private Companies Also Prepare Criminal Background Checks

Usually based on court records. Will include more recent arrests (7 year limit). Often inaccurate. Usually what employers use. Governed by the Fair Credit Reporting Act.

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What Can Be Expunged? Arrests without convictions Diversionary programs (ARD, probation w/o

verdict) Summary offense convictions where no arrest

in 5 year period Some juvenile cases Underage drinking (after age 21) Client is 70 and no arrests in 10 years Client has been dead for 3 years

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Convictions Can Almost Never Be Expunged, But Must Be Pardoned

Case goes before Board of Pardons, Governor. Takes years, not months. Plea for mercy, not legal case. Our clients really need advocates to help them

prepare good petitions. Brief discussion of standards.

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Expungement of Arrests – Legal Standards Continuum between right to expungement and

little hope. Right: acquittals, pardons. Little hope: plea deals. In between: Likely if no convictions; less likely

the more that is on the record (esp “mixed record” of convictions and dropped charges).

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Discretionary Case: Know the “Wexler standards”

1) Strength of state’s case;2) Reasons state wants to retain record;3) Petitioner’s age, employment and criminal

record;4) Time between arrest and petition;5) Specific adverse consequences to petitioner.

State has burden of proof.

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Right to Juvenile Expungement

Charges dismissed – will be expunged. Consent decree – 6 months since discharge

from supervision – will be expunged. Over age 18 – DA consents – court will order

expungement. 5 years have passed and no conviction or

adjudication – expungement granted in 30 days unless good cause shown.

Juvenile Law Center manual: http://www.jlc.org/publications/1/juvenile-records-expungement/

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Standards for Expungement of Summaries 2007 amendment to Section 9122(b):

(3)(i) An individual who is the subject of the information petitions the court for the expungement of a summary offense and has been free of arrest or prosecution for five years following the conviction for that offense.

Examples of summaries: retail theft, disorderly conduct, harassment (see handout listing known summaries)

What does the statute mean? Wubbe decision – 5 years before the filing of the petition, not subsequent to the conviction.

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Expungement practice: The Life of a Case

County idiosyncrasies Steps on getting expungement order (from

filing to court order) Getting the expungement order implemented Counseling clients on responding to

employment application