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Expungement of Temporary PFAs

28 Dec

When getting a temporary PFA expunged in Pennsylvania, it is extremely important that the local prothonotary/clerk of court knows how to properly and completely process the order, so that it no longer appears in databases. It is not enough for the prothonotary to simply destroy the file at the county level.

This necessitates making sure the Pennsylvania State Police expunge the order from both CLEAN and NCIC systems, and that the order is expunged from the PFAD database maintained by the Pennsylvania Coalition Against Domestic Violence.

For assistance in getting a temporary PFA expunged, contact the Law Offices of Lorraine A. Smith at 4121-427-4130.

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Can a PFA hurt my chances of getting a job?

21 May

Having a PFA on your record can indeed impact your ability to land certain jobs, particularly in the security, law enforcement, and child care industries.  In Pennsylvania, temporary PFAs can be expunged.  In many cases, a temporary PFA represents the end of a case and no final PFA or hearing is ever held. In this situation, the Pennsylvania courts have ruled that an expungement is allowed. The courts have held that where there is no permanant order nor any finding of fact that an incident of abuse has occurred, rather there is only a temporaryex parte order,  an expungement is available.  For assistance in filing a PFA expungement, contact the Law Offices of Lorraine A. Smith at (412) 427-4130.    

Is the right to an expungement automatic?

15 May

Where a defendant has been acquitted after trial, the right to receive an expungment is unconditional. Where the defendant is arrested and charges are dropped, the court has discretion on whether or not to grant an expungement.   There are various factors that the court may look at, known as the Wexler factors.  For more information on expungements and pardons, contact the Law Office of Lorraine A. Smith at (412) 427-4130. 

What are the Costs to Obtain an Expungement in Western Pennsylvania?

14 May

Filing fees for expungements vary by county:

Allegheny:  $100

Beaver   $76

Butler    $68

Venango $55

Washington  $58.75

Westmoreland  $20 + $5

These are the fees charged by the courts of common pleas in Western Pennsylvania.  Consult with attorney on how to put your best foot forward.   For additional information on seeking an expungement or a pardon, call the Law Office of Lorraine Smith at (412) 427-4130  

 

 

Who can get an expungement?

10 May

From the Website of the Allegheny County Criminal Division:

Prior to Act 134 of 2008, only non-convictions could be expunged, regardless of severity of the offense or the punishment. Non-convictions include verdict of not guilty; dismissal; withdrawal of charges, or nolle prosequi; Accelerated Rehabilitative Disposition; or Probation Without Verdict pursuant to the Controlled Substances Act.

The Accelerated Rehabilitative Disposition (ARD), Probation Without Verdict and Allegheny Service Institute (ASI) programs offer expungement as part of the plea bargain package. For ARD and Probation Without Verdict (PWV), an expungement for a first time offender is filed automatically by the Allegheny County Department of Adult Probation when all fines and costs have been paid and the defendant successfully completes all of the terms and conditions of the program. For ASI, the individual who completes the program must file a motion with the Department of Court Records, Criminal Division and pay the filing fee.  NOTE:  A Motion to Expunge was not filed automatically by the Department of Adult Probation for ARD participants prior to 1990.  Therefore, a defendant who completed ARD prior to 1990 must file a motion to expunge.

The passage of Act 134 now allows for the expungement of a conviction for a Summary offense provided the defendant has been free of arrest or prosecution for five (5) years following the conviction for that offense.

Pennsylvania Pardons and Expungements

10 May

This blog will explore topics related to pardons and expungements in Pennsylvania.  It is being hosted by Attorney Lorraine Smith.  For more infomation on pardons and expungements, contact Lorraine at (412) 427-4130.

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10 May

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