Can An Aggravated Assault Charged Be Expunged?

Being arrested and charged for a crime can negatively impact your future more than you think, effecting your personal life and limiting your opportunities professionally. Even in cases where charges were ultimately dismissed, your public record will still reflect the charges that you were arrested for.

The Pennsylvania expungement law was recently expanded in 2018 to include some violent offenses, such as aggravated assault. If you have been convicted of aggravated assault, you may be considering getting your criminal record expunged. Removing an aggravated assault criminal charge from your public record is a difficult process, but it can be done if you meet the qualifications. Find out the details of how you can seek removal of your criminal record from the public database.

What is aggravated assault?

Aggravated assault is a felony charge that is not taken lightly in the Pennsylvania justice system. Here are some examples of aggravated assault:

  • Striking or the threat of striking a person with a weapon or object
  • Using a firearm to shoot someone or threatening to shoot or kill someone while pointing a gun at them
  • Committing assault with the intent to commit another felony crime
  • Committing assault that results in serious physical injury to someone else
  • Committing assault against a member of a protected class

Effects of a criminal record

When a person is charged with a crime, they may face jail time and court fees, as well as specific conditions such as probation or parole. The short-term effects are burdensome, but the long-term implications can be just as devastating. A permanent criminal record is filed with the Federal Bureau of Investigation (FBI), as well as the Pennsylvania State Police, local law enforcement, the court, and government agencies. The criminal record contains details pertaining to arrest, conviction, and any supervision details. This means that future employers are able to pull up your criminal record in a background check and see that you have a conviction for aggravated assault. This could have a big impact on current or future employment.

How to get your criminal record expunged

Because of the negative impact a criminal record can have on your life, it is important to consider getting your criminal record expunged wherever possible. Here are the steps that you need to take in the expungement process.

Step 1 – Eligibility

The very first step determines whether you will be eligible to have your record expunged. In Pennsylvania, you are eligible if you were convicted of a crime, and meet any one of the following:

  • You are at least 70 years old and have had a clear record for 10 years you were released from supervision
  • You have a summary offense, and were free of arrest or conviction for 5 years following the date of conviction
  • No disposition was ever received or recorded by the repository within 18 months (proof must be submitted)
  • The court has ordered expungement
  • You are at least 21 years of age and have been convicted of a violation under Section 6308 (relating to the illegal transport or sale of alcohol) and have satisfied all the terms of sentencing, then the court will issue an order to expunge your record.
  • A record can be expunged 3 years after the individual has been deceased.

Step 2 – Obtaining a background check

After determining whether you are eligible to have your record expunged, you must obtain a background check from the Pennsylvania State Police. It takes about 2-4 weeks to receive the results. This background check must be included with the petition that is filed with the court. Without the background check, the clerk of the court may rule the petition as deficient.

Step 3 – Filing the necessary filings with the Court

Filing the necessary paperwork with the court in Pennsylvania will consist of the petition, a proposed Order, a verification form, a certificate of service, a background check, along with any other additional documentation that you feel is necessary. In the case of expungement for an aggravated assault, the defendant must fill out the 790 petition form (which is specific to misdemeanors and felonies). Additionally, a filing fee of $147.00 must accompany the petition.

Step 4 – Service on the District Attorney’s Office

After filing the petition with the court, you must serve the paperwork on the District Attorney’s Office that initially prosecuted the case. In certain counties, the clerk of the court will serve the petition on your behalf, but this should be confirmed prior to filing.

Step 5 – Response from the District Attorney’s Office

After the petition and accompanying documents is served upon the Pennsylvania District Attorney’s Office, they will have the chance to decide whether or not they will consent or object to the request for expungement. Generally, the District Attorney’s Offices in Pennsylvania has 30 days from the date of service to make their decision.

If the District Attorney’s Office reaches a decision where they object, a contested hearing will have to be held where testimony, evidence, and defense must be presented as to why the Judge should grant the order of expungement.

Step 6 – Distributing the Order of Expungement

The Order for expungment can be granted by the judge without the need for hearing if the District Attorney’s office consents. Regardless how the order was granted, the next step is for the expungement orders to be forwarded to all necessary law enforcement, court, and government agencies.

The entire expungement process typically takes 4 – 6 months under most circumstances. This means that your criminal record should be cleared by all law enforcement, court, and government agencies within the 4 – 6 month time frame.

Importance of an Attorney

The expungement process requires that you file documents with the court, follow strict procedural rules and present evidence to support the expungement. In order to best represent yourself, you need the experience of a seasoned expungement lawyer. The attorneys at DiCindio Law have significant experience trying expungement cases in Pennsylvania. Contact the experience attorneys at DiCindio Law today!

Understanding Underage DUI in Pennsylvania

Many teens and young adults look forward to turning 21 so that they can start drinking alcohol. Some teens and adults who are under the age of 21 simply don’t wait and begin drinking while they are still too young. If you drink alcohol and then get behind the wheel of your car, you may be charged with a DUI even if you are not impaired and even if your BAC is below the state’s legal limit for adults of 0.08%.
The DUI laws are harsher for minors in Pennsylvania because they are likelier to be involved in crashes than more experienced drivers. To prevent people who are younger than 21 from drunk driving in the state, the laws are stricter for this age group. DiCindio Law is experienced in handling underage DUI cases and can help you to understand what to expect. Here is an overview of how underage DUI cases are handled in Pennsylvania.

Lower BAC limit for younger drivers

For adults in the state of Pennsylvania, the legal blood alcohol concentration limit is 0.08%. If you are younger than age 21, however, the legal limit is much lower. If you are younger than age 21, the legal limit at which you can be charged with a DUI is 0.02%. People who are younger than age 21 may be convicted of DUIs if they have any traceable amount of alcohol in their systems. This means that you could be convicted of a DUI even if you only had one drink if you are under age 21.

What are the penalties for an underage DUI?

The penalties for underage drinking and driving are harsher than they are for adults. Three main types of penalties exist for people who are convicted of underage DUIs, including time in jail, fines, and a suspension of driving privileges. If your BAC was 0.10% or higher, you could see substantial jail time depending on what number offense this is. If you are a repeat offender, you may spend time in jail while also losing your license for a long time.

Pennsylvania has a three-tier penalty system for DUI offenses that depends on the BAC levels of the people who are convicted. However, if you are underage, you will automatically face the penalties for a high BAC DUI even if you only had trace amounts of alcohol in your bloodstream. For a first offense, this means that you could have to pay a fine of $500 to $5,000 and could have your license suspended for a year.

If you are younger than age 18 when you are convicted of a DUI offense, your case will fall under the Pennsylvania Juvenile Act. You may be institutionalized, be forced to pay a fine, and be placed on probation. If you are 18 but younger than age 21, you may face the following penalties for a first-offense underage DUI:

  • Mandatory minimum jail time of 48 hours
  • Fine ranging from $500 to $5,000
  • Alcohol safety school
  • Other penalties such as treatment or community service

An underage DUI conviction also carries some collateral consequences beyond the legal penalties. If you have a criminal record, it could prevent you from obtaining some types of public and private scholarships. If you are already enrolled in and are attending college, your university may have its own disciplinary system for you, including a potential suspension from the college, being placed on probation at the college, or potentially being expelled.

Expungement of an underage DUI

For most people, a DUI cannot be expunged until they reach age 70 or have died. If you are granted entry into a diversionary court program for first offenders, you will be permitted to have your record expunged upon successful completion of the program. Expunging your underage DUI removes it from your criminal record. As soon as you have satisfied the conditions of the program, you are able to immediately petition the court for an expungement. This is important for you if you want to go to college and are getting ready to apply. Some colleges require that their students have clean criminal records before they are admitted and then to maintain clean records while they are attending. Expunging your DUI conviction can help you to gain admission into the college or university that you want to attend and to be eligible for more public and private scholarships.

Can an underage DUI case be won?

It is possible for you to win your underage DUI case at a trial, but it will depend on the facts of your case. An attorney may review what occurred and advise you on whether it makes sense to take it to trial.
A criminal defense lawyer at DiCindio Law may also be able to negotiate with the prosecutor to reduce your charges through a favorable plea agreement. If you are facing an underage DUI charge, it is important for you to consult with an experienced criminal defense lawyer before you just plead guilty. An attorney may be able to identify potential defenses that you could raise and help you to build a strong defense case. An attorney may also be able to secure a better plea bargain on your behalf by negotiating with the prosecuting attorney who is assigned to your case.

Getting an underage DUI charge can have long-lasting consequences. It is important for you to talk to an attorney at DiCindio Law if you are facing this charge or have already completed your sentence and want to get an expungement. Contact us today to schedule an evaluation of your case.


DISCLAIMER
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

DiCindio Law, LLC opens newly renovated West Chester Office

DiCindio Law, LLC opens newly renovated West Chester Office building.

Located in downtown West Chester, Chester County, Pennsylvania and built in 1900 – the firm’s building has undergone a top to bottom renovation/restoration with the idea of preserving and repairing the building to the beauty it once was and providing Mike’s client’s with a comfortable and accessible office location and atmosphere.

Mike DiCindio looks forward to continuing to serve his current and future client’s for years to come at this new location.

West Chester Criminal Lawyer and West Chester Personal Injury Lawyer

.

 

Underage Drinking Expungement

Underage Drinking Expungement

When someone has been convicted of an Underage Drinking offense it may have harmful consequences their future, their job prospects, their educational prospects and/or any licenses and certifications they may seek to obtain.

What many people do not know is that upon turning 21, if the sentence has been completed in full, including the license suspension, they are entitled to an expungement of the Underage Drinking conviction under Pennsylvania law.

West Chester Criminal Defense Lawyer

West Chester Criminal Defense Lawyer Mike DiCindio

Expungements are very commonly misunderstood. Many people believe that expungement’s are done immediately and automatically – they believe that as soon as the case is closed it is expunged. Instead, while they may be entitled or eligible for an expungement, a petition for expungement still must be filed.

Other people often mistakenly believe that upon turning 21 the case is immediately and automatically expunged – also not true.

Anyone who is now 21 has was charged and convicted with underage drinking offense is now entitled to an expungement in Pennsylvania if all conditions of their sentence/punishment have been fulfilled.

Contact DiCindio Law to begin the process of clearing your record today.


The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

I finished the ARD program, is my expungement finished too?

Many people who are charged with first offense DUI cases are accepted into the ARD program in the county in which they were arrested. While they may be aware of it, often times upon completion of the program, these individuals do not proceed to have the records expunged. In turn, they are left with records of their DUI arrest and entry into the ARD program on their criminal record. A successful expungement would erase that, leaving only limited agencies who are permitted to retain them.

Common occurrences – individuals either believe that the records of their ARD participation and completion were automatically expunged, or they believe their previous attorney expunged it for them. When often times neither is the case.

When Choosing a Criminal Defense Attorney

An expungement should be filed on DUI / ARD cases that are successfully completed.

The expungement procedure/process involves filing required documents, a petition and a proposed order with the Court. As a part of the proposed order, a list of agencies and departments is included. Usually including all of the Courts involved in the case, the central repository, the police departments involved and any other agencies that may have access to the records or case information. If the expungement is granted by the Court, the agencies will be sent the certified order and will be directed to expunge the records. (In some counties the clerk of courts sends the orders, in others the individual or his/her attorney does).   Depending on the Court dockets, the number of petitions submitted, and the procedure of the county in which the petition is filed, expungement orders may take many months to be presented to the Court and signed.  Making it crucial to prepare and file the expungement quickly after successful completion of the ARD program.

Expungement of an DUI ARD is something that should be taken seriously and followed through on. Any chance someone has to clear their criminal history of arrests or prosecutions will be beneficial to them in their future searches for employment, housing and many other vital portions of their life.

If you have an outstanding DUI ARD case that has yet to be expunged. Contact West Chester criminal lawyer Michael DiCindio to discuss your options today.


 

The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

Michael DiCindio is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale.