Getting a Conviction Removed From a Criminal Record

If you’ve been convicted of a crime in Pennsylvania, the record of that conviction can follow you for the rest of your life. It’s bad enough to have suffered through the Pennsylvania criminal justice system, but having a criminal record is a gift that keeps on giving — in the worst ways.

It is, however, possible to clear your criminal record depending on the nature of your conviction or convictions and the time that has lapsed since. It is important to see if your situation may qualify for having your conviction removed from your record.

Imagine the relief at being able to seal your criminal record from the possibility of the public ever finding out about your convictions again, depending on the nature of the crime you were convicted of and how many convictions you have had in the past. An experienced criminal expungement attorney can quickly discern whether it is possible for you to obtain an expungement for some or all of your criminal record.

You may know that your criminal record of convictions may negatively impact your ability to get a job, find housing, get financial aid for college, drive or even vote.

Eligible to Clear Your Conviction from the Public Record and Public Eye?

Eligibility to clear a record of a conviction depends on a number of factors, including:

  • What were the crimes you were convicted of?
  • What was the seriousness of the crime(s) you were convicted of?
  • What was the result of the crimes you were arrested for, otherwise known as the dispositions of the crimes?
  • Was the conviction really a deferred prosecution?
  • When was the last time you were convicted or otherwise arrested or had a run-in with the law?
  • Was there a mistake in the record?

Clearing your conviction may not always restore rights and privileges that you have lost due to a criminal conviction. For example, you may not be allowed to possess guns, depending on the original conviction.

Additionally, please note that sometimes, even after an expungement, a person may find information about you via the Internet that they looked up before you were able to seal your record. If this is a vindictive person, they may share it with others.

Filing to Clear a Conviction from a Record

You may potentially be able to file a petition to clear your conviction record depending on where the crime was committed or where the court case was heard. There are situations in which your arrest took place in one location, your citation in another and a warrant of the charges in yet another law enforcement agency jurisdiction. You must contact all of these agencies in order to clear your criminal record. They often do not communicate with one another.

To clear or expunge a conviction, you must provide documents showing:

  • Conviction date, acquittal or proof of discharge
  • When the sentence requirements were fulfilled
  • Law that was allegedly broken

Clear Convictions from Your Criminal Record and Seal It from Public View

Find out if it is possible for you to clear any arrests from your criminal record. Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

Crime & Arrests Statistics and Comparisons for Harrisburg, Pennsylvania, & U.S.

The violent crime rate in Harrisburg, PA, is 14.23 per 1,000 residents, compared to 3.55 per 1,000 residents across the entire state and a 3.9 national median. Property crime rates reveal that Harrisburg has a 52.02 property crime rate versus a 22.22 crime rate across all of Pennsylvania and a 29.1 national median rate per 1,000 people.*

It is clear that in Harrisburg and surrounding areas, including parts of Dauphin County, the police may be more focused on finding suspects when potentially there are none just because Harrisburg has a bad reputation for violent crime.

Drug Arrests & Alcohol-Related Driving Arrests Analysis: 1980–Present

It appears that drug arrests and arrests for driving while under the influence have risen at a significant rate since 1980 throughout the state of Pennsylvania. According to the Pennsylvania Commission on Crime and Delinquency,**in 1980 the number of drug abuse offenses reported was 13,432, with 117 arrests per 100,000 people.

In 2000, the number of arrests rose to nearly 40,000, with 401 arrests reported per 100,000 people. Finally, in the latest year for which statistics are available — 2009 — reported offenses rose to 52,565 with an arrest rate of 437 per 100,000 people.

In 1980, there were 19,300 arrests in Pennsylvania for driving under the influence, with 163 per 100,000 people arrested. In 2000, over 41,000 people were arrested for alcohol-related driving offenses, meaning an arrest rate of 342 per 100,000. In 2009, the arrest rate rose to 426 per 100,000 people.

Additionally, violent crimes in Pennsylvania appear to be going up when compared to violent crimes across the U.S. For instance, from 1980 to 2009, violent crimes in the U.S. per 100,000 people have gone down in most categories, including murder, rape and robbery, while these same categories of crime have all risen proportionately per 100,000 people in Pennsylvania.

Arrested for a Criminal Offense? Contact an Experienced Criminal Defense Attorney

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

*http://www.neighborhoodscout.com/pa/harrisburg/rycroft-dr/#crime

**http://www.portal.state.pa.us/portal/server.pt/community/statistics/5393/crime_statistics/494652

How to Respond to an Arrest for Domestic Assault — PA

If someone calls the police about a domestic assault going on at his or her home, someone is going to jail. Increasingly, law enforcement officials take domestic violence assault calls extremely seriously, and will often arrest someone with little or no substantive investigation.

People who are charged with domestic violence come from all walks of life, and the circumstances surrounding each domestic assault case are different. Most people accused of domestic violence have never even been arrested before. Some just once, lost their temper and lashed out at a loved one during a difficult conflict. Some have issues with anger management that must be resolved. Others are flat out not guilty and have been falsely accused. Still others were simply defending themselves against their domestic partner, but the police saw it otherwise.

No matter the circumstances of the charges against you, those around you will often treat you like a pariah, as if you are already guilty. Having charges like these standing against you can feel like a black cloud you’re your whole life. You must respond proactively and defend yourself against these charges.

How can you best protect your rights, your family, your freedom, and your future?

First, exercise your right to remain silent and contact an attorney as soon as you possibly can, either in jail or directly after you are released. Remember, anything you say to the police about what happened can potentially be misconstrued and used against you in court. Be respectful but remember, you are not legally obliged to tell the police anything but your name. Being polite and respectful can also show that you are able to control angry impulses. It will help when it comes time to go to court.

If you have been taken into custody, do not sign a written statement of any kind and do not make any kind of agreement with the police. They do not have the authority to drop your case, anyway. The state prosecutor in Pennsylvania is the one who makes those decisions.

While in custody, you are allowed a phone call. If you do use a jail phone, remember that the police will likely be listening in on your phone call. Do not say anything that can even remotely be interpreted as problematic in your domestic assault defense. And do not call the person who is the alleged victim from jail. Again, this may be considered “stalking,” which will work against you in your case.

In domestic violence cases, generally, you will be in jail until you appear before the Pennsylvania court judge, who will set bond and give you certain conditions that you must follow for your release. Conditions may generally include not contacting the victim, not going home, except under law enforcement supervision, and not having any weapons.

In addition to the domestic assault charges, in some cases there may also be a restraining order or protective order of some kind put into place through the civil court. This means that you will need to stay away from the alleged victim, whether that is your spouse, your domestic partner, or someone else. Violation of this order will result in yet another criminal charge against you.

It is critical for your freedom and your future to adhere strictly to these conditions, no matter how upsetting and overwhelming your situation is. The court will not listen to the upset; they will see the fact that the agreement was broken and you will end up in jail.

Contact an attorney who is experienced in criminal law, domestic dispute cases, and defending against restraining orders.

Protection — If You Believe You Are Guilty

There are ways, depending on your unique situation and in some cases, where a jail sentence can be stayed or reduced, or an alternative sentencing program may be put in place. Upon completion of such an alternative resolution program, the case will be considered resolved.

Steps to Take After an Arrest for Domestic Assault — PA

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

Getting Arrests Removed From a Criminal Record – PA

What exactly is a criminal record? A criminal record is a record of any time that you have ever been arrested and fingerprinted. Even if you were arrested at age 18 and you are now 54, your criminal record may still be listed in the criminal justice system.

The criminal justice system keeps this information on file, even if you were never convicted of a crime and even if the case was dismissed.

What’s the problem with a criminal record?

The trouble with a Pennsylvania criminal record is that it is public and can be easily found. For example, for a small fee, there are online companies that will provide information about whether you have ever been arrested to anyone, from a potential employer to a bank loan officer to a romantic interest or a friend, or someone who is hoping to hurt you by digging up “dirt” against you.

It is possible to clean up a criminal record. Cleaning up a criminal record is also called expunging the record. This means that any arrest records, including police documents and court records, are removed from the possibility of public inspection across all state agencies that have a record of your arrest.

In Pennsylvania and most other states, you can get arrests removed from a criminal record. It is generally possible to expunge the record if:

  • The charge against you was dismissed
  • The charge against you resulted in probation and not a criminal decision against you
  • The charge against you was not prosecuted by the Pennsylvania state attorney
  • Your case was postponed indefinitely
  • Your case was compromised
  • You were found not guilty in court

Other reasons to review your criminal record include that mistakes may have been made and the record may not be accurate. If the crime committed occurred when you were a juvenile, your record should be sealed. However, if due to bureaucratic error it is still circulating in the criminal justice system, any potential employers can find it.

Also, a record may have information that is not complete. For example, you may have been arrested, but the record may not specify what happened, even though the case was dismissed. Someone reading the record may assume the worst — that you were convicted and are guilty. The expungement process is complicated, and you need to know who to contact and how to complete the paperwork involved in getting arrests removed from public view. There is often a waiting period between the time of your arrest and the time you can have the record sealed.

Clear Your Criminal Record and Seal It from Public View

Find out if it is possible for you to clear any arrests from your criminal record. Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

Jailhouse Lawyer Success Stories – PA

Jailhouse lawyers represent themselves and other people who are in prison after they have been tried, convicted, and sentenced. Once you are locked up behind bars, you no longer have the right to a free defense attorney or public defender provided by the state. Most jailhouse lawyers are free.

Jailhouse lawyers, for the most part are inmates who practice the law – primarily criminal defense, for obvious reasons – for themselves and for others in difficult predicaments. Shon R. Hopwood, is one such jailhouse attorney, now a free man. He was convicted of five robberies in rural Nebraska back in the nineties, sentenced to more than a decade in federal prison.

Studying Law in the Prison Library Paid Off

Hopwood focused much of his prison time in the prison law library. Interestingly, he has been far more effective as a jailhouse attorney than as a bank robber. In fact, he is most well known for successfully petitioning the Supreme Court to hear an appeal for John Fellers, a fellow inmate in prison.

The Supreme Court agreed to hear the case. This was one of just eight petitions, of over 7,000 filed by prisoners that same year. The Court thankfully ruled wholly in Fellers’ favor! Shon Hopwood has written a book about it, called Law Man.

Supreme Court Hears Case

Hopwood typed up the first Petition for Certiorari, as it is called, or request for the Court to hear the case, on a jail typewriter. Seth P. Waxman, former U.S. solicitor general who has argued some 50 cases before the Supreme Court, said that it was one of the best “Certs” he had ever read.

In fact, Mr. Waxman agreed to take the case without payment on the condition that Shon also worked with him. The two men, solicitor general and prison inmate consulted on all aspects of the case, winning a 9-0 victory that reduced Fellers’ sentence by four years.

Meantime, Shon has been busy. He was granted a second petition that vacated a lower court’s decision and sent the case back to the courts. He has helped inmates throughout the Midwest, including Indiana, Nebraska, and Michigan; get reductions in prison time from three to 10 years.

There are many online resources that offer a guide to becoming a jailhouse lawyer, including the Jailhouse Lawyer’s Manual.

If Your Juvenile Child Has Been Arrested — Experienced Juvenile Criminal Defense Attorney

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

Wife of PA Budget Secretary Sentenced for Second DUI

Public figures are not exempt from arrest for DUI. In fact, in recent months, four well-known public figures have either been sentenced or arrested on charges involving DUI: Georgina Zogby, wife of Pennsylvania Budget Secretary Charles Zogby, X, NJ legislator and former TV reporter Paul Moriarty, former Detroit Lions cornerback Aaron Berry, and New York Yankees pitcher Michael Pineda. As a result of a DUI charge, lives can quickly crash and burn, destroying families and bright futures.

Two DUIs in One Year

The PA budget secretary’s wife, Georgina Zogby, has had two DUIs and several other drunk-driving related charges in the past year. It all started when her car was stopped on the side of the road in Monroe Township early on the morning of July 10, 2011.

A trooper pulled behind the 48-year-old Zogby and turned on his emergency lights. Zogby apparently drove away, even as the trooper continued to follow her with lights on. While she was not speeding, she did pass right through a stop sign and then waved the trooper on to pass her.

Refused Breathalyzer Test

Eventually, she was pulled over after other troopers sent up a roadblock. She refused a Breathalyzer test, which in Pennsylvania means an automatic loss of your driver’s license. In addition to being arrested for DUI, she he was charged with several traffic offenses and for fleeing and eluding police.

Some two months later, she was involved in another drunk driving episode in which she had an accident causing her car to flip over. She was again arrested for DUI and additionally charged with driving without a valid license, as her license had been suspended from the last DUI.

House Arrest With Electronic Monitor for Alcohol

Just about one year later, in July 2012, she was sentenced to house arrest for 90 days for her second drunk driving arrest. House arrest means she will need to wear an electronic monitor around her ankle that will inform law enforcement officials if she drinks alcohol.

Zogby received what may be considered by some as a low-impact sentence. She didn’t serve jail time. She did also go through alcohol addiction treatment. Did Zogby receive preferential treatment because of her husband’s position? In fact, anyone who has been accused of DUI may be eligible to receive a lesser sentence depending on the unique nature of the case, especially if it is a first-time DUI.

If you have been arrested on a drunken driving charge, it is important to defend your rights. Even if you believe you did drive while drunk, the arresting officers may have made a mistake that would lead to a case dismissal. It may be possible to plead guilty to a lesser charge or to obtain alternative sentencing, called Alternative Rehabilitative Diversion, in Pennsylvania.

Contact an Attorney Experienced in Defending Clients Against DUI Charges

To learn more about how attorneys experienced in defending against DUI charges can help, please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP. Schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney by calling 717-233-5292 or emailing us.

In Pennsylvania, Teachers Now Required to Report Any DUI Conviction

Employed teachers’ in Pennsylvania who have been convicted of certain types of DUI offenses could potentially lose their jobs due to a recently passed law in Pennsylvania. The new law is aimed at protecting children’s safety but it simultaneously could penalize certain already employed individual teachers, janitors, and other school workers.

Prospective Teachers Ineligible for Employment in Schools for Three Years

The law states that the person who has been convicted: “shall be eligible for prospective employment only if a period of three years has elapsed from the date of the expiration of the sentence for the most recent offense.”

The new law does not require employed teachers to be terminated for past DUI convictions. However, the new law certainly will not protect a teacher with a past DUI conviction if the school does terminate him or her as a result.

Then the teacher will be in the position of needing to seek employment at another school, and here’s where the problems are exacerbated. That teacher must wait out an automatic period of three years of ineligibility for employment at any school – and this is three years beyond the fulfillment of the DUI sentence.

Here’s another troubling example. Let’s say John Smith, age 18, was convicted of a second-offense DUI in 2012 and received a five-year-punishment. By age 22, in 2016, he had successfully completed an alcohol treatment program and had earned his teaching degree. He still would not be eligible to teach until the law’s ineligibility period ran out, in 2020.

If you have been arrested for a DUI in Pennsylvania, the stakes are too high for you not to fight the charges.

Protect Your Rights and Your Livelihood: DUI Defense Attorney

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

PA State Trooper Faces DUI Charges

The State Police evidently do not play favorites when it comes to driving while intoxicated on Pennsylvania roadways. In July, a Pennsylvania State Trooper was arrested for driving under the influence of alcohol while he was on duty. The trooper, whose 47-year-old Kevin Daniel Wackley is a 19-year police veteran, who was working out of Troop L’s Hamburg station.

It seems that another officer witnessed the defendant acting as if he were intoxicated. The suspect was five hours into his shift at the time he was taken into custody. The captain of the state police said that there would be two investigations in this case: the first would revolve around the officer’s DUI charge; the second would be an internal affairs investigation.

Captain of Police Says We Won’t Tolerate This Behavior

Pennsylvania State Police Captain Dante Orlandi was quoted as saying: “This inexcusable behavior will not be tolerated by the Pennsylvania State Police, nor the citizens and communities we serve.”

The trooper’s Breathalyzer test revealed that he had a blood-alcohol level of over 0.08 percent. He has been suspended and if he is convicted could be terminated.

Second Trooper Busted for DUI in Recent Weeks

Wackley is the second Pennsylvania state trooper who has been arrested for DUI in recent weeks.

Contact an Experienced DUI Defense Attorney in PA

There is always a way to defend against a DUI. Even if you believe you did drive while you were intoxicated, it is critical that you have an attorney protect your rights in a case with as much at stake as a DUI.

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

Defendants May Feel Pressure to Plead Guilty in PA Courts

Defendants in Courts in Northampton County are being encouraged to take a plea deal; some say they feel pressured to plead guilty before they even have a chance to see the state’s evidence against them.

Better Not Say No to the Judge Who Says: This Is Your Best Deal

What would you do if you appeared at your arraignment ready to plead innocent and the judge said: today “is the day you get your best deal,” and that your case should be resolved today? You might be intimidated to the point of taking the plea.

That’s what happened to Bryan K. Weaver. The young man reluctantly accepted a guilty plea to a road-rage charge in an Easton court at his arraignment. He said that he felt like he did not have a choice.

Arraignment is most often the first step in the court process, but for about 80 percent of those who are arraigned in Northampton County courts, it is the last step. This means that these folks are pleading guilty before they have a right to see the state’s evidence against them and before their attorneys or public defenders can seek to contest the state’s case.

Some people who think that the evidence is against them may believe that accepting a plea to a lesser charge is a great opportunity. However, they are literally giving up their right to even examine the state’s case against them and their right to trial. For those who would like to fight charges against them, is justice really being served?

The county adopted this approach about two years ago to deal with an overly packed case docket. Court administrators like this new approach, as it saves time and effort and has for the most part eliminated overcrowding in county jails.

In the case of Bryan Weaver, the 22-year-old recently accused of disorderly conduct, he said he was defending himself against a driver who ran him off the road and attacked him with a golf club, but instead of entering a not guilty plea, he accepted a guilty plea and his case was resolved.

He told another reporter, “They basically force you…they tell you that’s the best chance you’re going to get or you’re going to get a worse plea.”

What happened to innocent until proved guilty?

Protect Your Rights: Contact an Experienced Criminal Defense Attorney

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

No More Life in Prison for Teens Who Kill – PA Courts Need Act Soon

Pennsylvania courts will soon determine how to respond to the U.S. Supreme Court’s June ruling that it is unconstitutional for teens that kill to serve life sentences without the possibility of parole. Pennsylvania’ Supreme Court will hear arguments on September 12 in two cases that will likely determine how the court will resolve the plight of hundreds of other people who committed crimes as teenagers who are now serving out life sentences.

PA Has Nation’s Highest Number of Cases Involving Teens Who Kill Serving Life

Sadly, Pennsylvania has the nation’s highest number of cases involving teens that kill that have been sentenced to life without possibility of parole.

The two cases that will be heard before the Pennsylvania Supreme Court involve Ian Cunningham, who is serving a life sentence after being convicted of second-degree murder in Philadelphia. The second case involves Qu-Eed Batts, who was convicted of first-degree murder in Northampton County.

In Cunningham’s case, issues to be addressed include those sentenced to life who have exhausted all direct appeals. In Batt’s case, the justices have directed attorneys to address the appropriate remedy for teens who have been sentenced to life without parole.

There are 373 “lifers,” who were under 18 years of age when they were sentenced, says the Pennsylvania State Department of Corrections. Others estimate the number closer to 500. The Sentencing Project, a Washington, DC advocacy group says that our state has the most juveniles serving out life sentences of any state in the nation, at about 2,500.

In the two cases in question, Cunningham shot his victim during robbery in 1999. Batts, as part of gang initiation, allegedly killed one man and wounded another in 2006. He was just 14 years old.

Currently, it appears that 46 Pennsylvania prisoners were sentenced as juveniles before 1960, and one sentence stretches back to 1953.

A reporter who interviewed Batts’ lawyer, Philip Lauer, said, “It’s a heart-rending situation when you talk to some of these guys … Some of them have been in there since their really early teens, like barely into their teens.”

Appealing Juvenile Life Sentence: Contact an Experienced Criminal Defense Attorney

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.

© 2022 Laguna Reyes. All Rights Reserved. Disclaimer | Sitemap

Concept, Design & Hosting by GetLegal.com's Practice Builder Team

ATTORNEY ADVERTISING