Expunged Records Forum

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John Winger

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Expunged Records

Post by John Winger » Fri Sep 07, 2018 12:00 pm

I am applying for the Feb bar and have a question about obtaining documents from an expunged record. I was arrested for public intoxication and plead guilty. The conviction was expunged. I disclosed this on my law school app and have again on my bar application. However, the bar examiners state I must provide documents pertaining to the instance. Specifically,

"If yes, a separate Form 46 must be completed for each instance. In addition, mail to IBAB copies of the arresting officer's report, complaint, indictment, trial disposition, sentence, and appeal, if any."

I contacted the courthouse where this all occurred and in order for me to obtain the file, I have to petition the court to unseal the record, then the court decides whether to grant my petition. Is it necessary to do this, or will my addendum explaining the arrest in detail be suffice? The "if any" is what gets me.

JoeSeperac

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Re: Expunged Records

Post by JoeSeperac » Fri Sep 07, 2018 12:56 pm

Below is what Pennsylvania requires. This may give you some guidance

For misdemeanors or felonies: If you were arrested, cited or charged, even if the charge was later reduced, withdrawn, diverted, dismissed, you were acquitted or pardoned, adjudication was withheld, a conviction was reversed, set aside or vacated, the record was sealed or expunged or you entered some type of diversionary program such as A.R.D., you MUST PROVIDE: 1) a copy of the police report including the Affidavit of Probable Cause; 2) the criminal information or charging document; 3) the disposition; i.e., sentencing order; and 4) the docket entries for each criminal incident in which you were involved; and 5) a certified criminal history record.

If you do not have a copy of the police report, you must make a written request to the appropriate law enforcement agency for the copy. If you do not have the criminal information, disposition and docket entries, you must make a request to the appropriate court or clerk of courts. You may also try to obtain these documents from your attorney.

If the law enforcement agency or police department or the court no longer have these documents, please send this office a copy of your written requests for this information and the court and police department's written responses to your requests which say that these documents are no longer available. Please note that the court will generally not have a copy of the police report and the police will not have a copy of the criminal information, disposition and docket entries so you will have to write to both the police department or law enforcement agency and the court to obtain this information. This office will not accept a statement from you stating that you called the court and they said that they did not have your criminal records.

If you were arrested, cited or charged, even if the charge was later reduced, withdrawn, diverted, dismissed, you were acquitted or pardoned, adjudication was withheld, a conviction was reversed, set aside or vacated, the record was sealed or expunged or you entered some type of diversionary program such as A.R.D., you MUST provide a certified criminal history record (unattested copies will not be accepted) for the maximum number of years available, for each state in which you have lived, worked, attended school, or served in the military for six months or more (cumulative) from the age of 16 until the present. Even if the criminal incident occurred in a state that you did not reside in for six months or more, you must provide a certified criminal history record from that state. (This does not include minor traffic violations).

For minor offenses or summary offenses (not misdemeanors and felonies): If you were arrested or cited, provide a copy of the citation or docket showing the disposition. If your history includes only summary or minor offenses, and no misdemeanors or felonies, you do not need to provide certified criminal history records. If you were arrested, cited, or charged with a misdemeanor or felony, even if it was reduced to a summary offense or a conviction did not result, you must provide certified criminal history record(s).

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