expungment

**harley104** · January 13th, 2010, 07:04 PM

Does anybody have any knowledge of how this works? I,m trying to get an arrest record cleared up from over 40 years ago that ended up with no conviction,i thought everthing was ok but every now and then when buying a firearm i,m put on research, i have sent and recieved back my RAP sheet from pa. that shows that there was no conviction, don't know whether to hire a lawyer or try to clear this up myself, looking for some advise (leaning toward lawyer)

**Dannytheman** · January 13th, 2010, 07:21 PM

A lawyer would be good!!

Try C. Scott Shields in Media!!

**fingers80002** · January 13th, 2010, 07:28 PM

Originally Posted by harley104

Does anybody have any knowledge of how this works? I,m trying to get an arrest record cleared up from over 40 years ago that ended up with no conviction,i thought everthing was ok but every now and then when buying a firearm i,m put on research, i have sent and recieved back my RAP sheet from pa. that shows that there was no conviction, don't know whether to hire a lawyer or try to clear this up myself, looking for some advise (leaning toward lawyer)

We have a very proficient gun lawyer, as a member here.........

**Willis** · January 13th, 2010, 08:31 PM

Generally, in PA, the following information can be expunged
*Juvenile data
*Non-conviction data (dismissals, ARD, etc)
*Summary convictions (after 5 years)

Misdemeanor and felony convictions can be expunged if the petitioner is over the age of 70 and more than 10 years have elapsed

Finally, one could petition to expunge a criminal conviction AFTER receiving a pardon

PA expungement statutes:
18 Pa. C.S. 9122
18 Pa. C.S. 9123
35 Pa. C.S. 780-119

**zackattack784** · January 13th, 2010, 09:16 PM

Why should there be any problem if there was never any conviction?

From what I understand, even people with no record sometimes get put in "research" with pics. I could be wrong, but I don't think being put in research occasionally has anything to do with your arrest record if you were never convicted.

**harley104** · January 14th, 2010, 07:38 AM

FROM WHAT I UNDERSTAND IS IF YOU ARE FINGERPRINTED IN PA. THAT RECORD IS CARRIED WITH YOU FOREVER EVEN WITH NO CONVICTION, THE BRADY BILL TIGHTENED EVERYTHI NG UP

**harley104** · January 14th, 2010, 07:44 AM

SORRY FOR THE SPELLING ERROR EXPUNGEMENT

**Agent Smith** · January 14th, 2010, 07:50 AM

If you were never convicted, then there shouldn't be any issues.

You say every now and then when you try to purchase firearms you get put into research which implies that you have been able to purchase firearms.

Individuals that have never broken the law sometimes get put into research for what seems like no reason at all, so that's not really an issue.

**GunLawyer001** · January 14th, 2010, 08:21 AM

Originally Posted by zackattack784

Why should there be any problem if there was never any conviction?

From what I understand, even people with no record sometimes get put in "research" with pics. I could be wrong, but I don't think being put in research occasionally has anything to do with your arrest record if you were never convicted.

Originally Posted by harley104

FROM WHAT I UNDERSTAND IS IF YOU ARE FINGERPRINTED IN PA. THAT RECORD IS CARRIED WITH YOU FOREVER EVEN WITH NO CONVICTION, THE BRADY BILL TIGHTENED EVERYTHI NG UP

The fingerprint card is what generates the record of arrest; if the police or DA don't update the record after they decide not to prosecute, the PSP and PICS will only have the arrest record, without a disposition. That leads to delays.

Expungements are seldom a matter of absolute right, there's case law where even arrests that didn't lead to conviction are not expunged, if the police/DA contest them. If you looked good for killing the neighbor's kid, for example, but they couldn't quite convict you, the police like to keep track in case some future neighbor kid vanishes the same way. And the courts may allow them to keep the records.

In practice, non-conviction records shouldn't have much impact. If the disposition is in the record, PICS shouldn't be delayed, and it shouldn't show up in any employer criminal background check. Police can find the records unless they're expunged, but the public can't. But even with an expungement, local cops might remember arresting you, and the Philly PD will demand that you self-disclose any arrests when you apply for an LTCF.

**harley104** · January 14th, 2010, 08:23 PM

Originally Posted by GunLawyer001

The fingerprint card is what generates the record of arrest; if the police or DA don't update the record after they decide not to prosecute, the PSP and PICS will only have the arrest record, without a disposition. That leads to delays.

Expungements are seldom a matter of absolute right, there's case law where even arrests that didn't lead to conviction are not expunged, if the police/DA contest them. If you looked good for killing the neighbor's kid, for example, but they couldn't quite convict you, the police like to keep track in case some future neighbor kid vanishes the same way. And the courts may allow them to keep the records.

In practice, non-conviction records shouldn't have much impact. If the disposition is in the record, PICS shouldn't be delayed, and it shouldn't show up in any employer criminal background check. Police can find the records unless they're expunged, but the public can't. But even with an expungement, local cops might remember arresting you, and the Philly PD will demand that you self-disclose any arrests when you apply for an LTCF.

your paragraph one is right on the money ,with my situation, it does lead sometimes to delays, which at times (GUN SHOWS) STINK, my record shows no conviction, no disposition and no further action (PSP RAP), so why doesn't the pics people have this info, and i have to go thru expungement prodcedures ?