Delco re:View Summer 2019 - 19

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Expungement process
The expungement process, outlined in Section 9122 of the
PA Crimes Code, continues to be available for non-convictions.
Expunged records are destroyed by local and state police,
local and state courts, jails, prisons, and probation officers. An
individual who is charged but not convicted, or whose charges
are dropped, can have those charges expunged. A person who
has successfully completed a diversionary program, such as the
Accelerated Rehabilitative Disposition (ARD) or Section 17
probation (for first-time drug offenders), is eligible to expunge
those charges - if probation is served and fines are paid. "If you
completed ARD, you can expunge it," Briant said.
Expungements for convictions are more complex. Individuals
with convictions for summary offenses (such as disorderly
conduct, public intoxication, underage drinking) must wait five
years, with no new arrests or charges, and all fines and costs
related to the charge must be paid.
For misdemeanors or felony convictions, expungement is
possible only in limited circumstances:
* The petitioner is 70+ years old and 10 years have passed
since completion of probation; fines, costs and restitution have
been paid; and there are no new arrests or further charges, or

ATTORNEY DISCIPLINARY
AND ETHICS MATTERS
STATEWIDE PENNSYLVANIA MATTERS
NO CHARGE FOR INITIAL CONSULTATION

Representation,	consultation	and	expert	testimony	in
disciplinary	matters	and	matters	involving	ethical	issues,
bar	admissions	and	the	Rules	of	Professional	Conduct

James C. Schwartzman, Esq.

*	 Judge,	Court	of	Judicial	Discipline
*	 Former	Chairman,	Judicial	Conduct	Board	of	Pennsylvania
*	 Former	Chairman,	Disciplinary	Board	of	the	Supreme	Court	of	
Pennsylvania
*	 Former	Chairman,	Continuing	Legal	Education	Board	of	the	
Supreme	Court	of	Pennsylvania
*	 Former	Chairman,	Supreme	Court	of	Pennsylvania	Interest	on	
Lawyers	Trust	Account	Board
*	 Former	Federal	Prosecutor
*	 Selected	by	his	peers	as	one	of	the	top	100	Super	Lawyers	in	PA	
and	the	top	100	Super	Lawyers	in	Philadelphia
*	 Named	by	his	peers	as	Best Lawyers in America	2015	
Philadelphia	Ethics	and	Professional	Responsibility	Law	
"Lawyer	of	the	Year,"	and	in	Plaintiffs	and	Defendants	Legal	
Malpractice	Law
1818 Market Street, 29th Floor * Philadelphia, PA 19103
(215) 751-2863

* If a pardon has been granted, or
* Three years after death.

Pardons
The Pennsylvania Board of Pardons waived $63 in fees
connected to the pardon process, for applications filed on or
after March 18, 2019. The Pardon Board's announcement
noted, "Applicants must currently pay $8 just to download the
application online or to secure a copy through the mail. Then they
must pay $20 for a criminal history record and $10 for a driving
record through Penn DOT. When the application is complete, the
Board of Pardons collects a $25 processing fee."

Residents of Delaware, Bucks, Chester and Montgomery
counties who wish to determine if their record is eligible
for Clean Slate or expungement can call Legal Aid of
Southeastern PA's free Helpline at 877-429-5994 from 9
a.m. - 1 p.m. Monday - Friday, or apply online at http://lasp.
org/apply-here. LASP attorneys also hold expungement
clinics and information sessions in LASP's four-county
service area.

"Think of the pardon process as a long-term goal," Briant
said. "It's not quick or easy or overnight." Although there's
no formal restriction on how soon one can apply for a pardon,
she recommends waiting at least five years after completing
probation for a misdemeanor sentence or 10 years after finishing
probation for a felony sentence before applying for a pardon.
"The five-year clock doesn't start until after probation," she
noted. Briant also strongly recommends collecting at least 10
letters of recommendation during those years of waiting, as an
individual reaches milestones such as attaining education or
employment. Again, all fines, costs and restitution must be paid. *

Summer 2019

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Delco re:View Summer 2019

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https://www.nxtbook.com/hoffmann/DelawareCountyBarAssociation/DelcoReViewFallWinter2019
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https://www.nxtbook.com/hoffmann/DelawareCountyBarAssociation/DelcoReViewFall2018
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https://www.nxtbook.com/hoffmann/DelawareCountyBarAssociation/DelcoReViewSpring2017
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