Your source for all the latest news on PA and NJ expungement and pardon law.
Clearing up the confusion over Pennsylvania's New Expungement Law
3/8/2010
Last year Pennsylvania enacted a new law regarding expungements however, much confusion remains. Here's the 411.
What is the Law?
House Bill No. 1543 Amends Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes.The law allows for convictions of summary offenses (Not misdemeanors or felonies) in Pennsylvania to be expunged.
Who eligible for expungement in PA now?
Those eligibe for expungement in PA now include:
After five years, those convicted of a summary offense as long as they were not arrested and/or prosecuted five years after their conviction
An individual who is the subject of the information reaches 70 years of age and has been free of
arrest and/or prosecution for ten years following final release from confinement or supervision
An individual who is the subject of the information has been dead for three years.
Those whose conviction resulted in Accelerated Rehabilitative Disposition may also be eligible for expungement.
What is a summary offense?
A summary offense in Pennsylvania is any offense that is punishable by a fine of up to $300 and/or 90 days (max) in jail.
Summary offenses may include:
Underage Drinking
Disorderly conduct
Retail theft (under $150 and first offense)
Harassment
Criminal mischief
Defiant trespassing
Obstructing the highway
Dog laws
Fish and Game Laws
Theft of services ($50 or less)
Unauthorized sale or transfer of tickets
As always if you have questions about your particular case. Contact an experienced criminal lawyer in your state.
New Jersey Court Upholds Limits on Expungements
3/1/2010
In the recent case of IN THE MATTER OF THE EXPUNGEMENT OF KEITH J. MULLUSKY on appeal from the Superior Court of New Jersey, Law Division, Camden County, Docket No. 58780. A New Jersey Court upheld a New Jersey Law N.J.S.A. 2C:52-3 which limits the number of expungemens for those convicted of disorderly persons offenses to three. The court held that despite crimes being committed on same day, they were to be treated as seperate offenses and therefore not eligible for expungement.
Read the court opinion
Mel Gibson DUI Record Expunged
2/27/2010
Actor Mel Gibson's 2006 arrest and conviction for drunken driving and having an open container of alcohol in his vehicle was tabloid fodder for months. With much less media fanfare the Braveheart star's record was recently expunged in CA. As this was Gibson's first arrest and he successfully completed his probation he was eligible for expungement under California Law.
Read what the NY Daily News had to say!
