Got it. Thanks again!
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Got it. Thanks again!
While simple assault 18 2701 is not in the 6105b it is a state misdemeanor which won’t trigger fed ban. Talk to a lawyer before any firearm purchase. As long as it wasn’t against an intimate partner, that would trigger fed MDV ban, you’re good. Also you said the AA felony was dismissed. Be sure to see that it is expunged, I think it’s automatic in here in pa however IANAL. Hopefully you’ll get that 2701 dismissed as it could cause trouble down the road. Summary offenses are just that. After 5 years w/ no run ins with law it’ll go away. Good luck!!
Necro thread, or close to it. Seems like our GunLawyer's explanation is being ignored for some reason. As for automatic expungement, last I knew, a lot of people get surprised that it isn't.
Thought I should post the outcome for future readers' reference. All charges were ultimately dropped. My lawyer appealed the revocation of the Chester County permit. It was denied. When all was settled, contacted Berks County Sheriff to check the status and they said my permit here is valid. I'm happy to still be a permitted carrier and put this experience behind me.
I believe it is new legislation, signed by Gov Wolf so sometime during his term. Clean slate act I think it’s called. Automatic expungement of charges that do not result in convictions, and non vio misdemeanors convictions. I think 10years after conviction, it can be expunged so long as there are no new charges.
Non are automatic:
Certain misdemeanors are eligible for expungement once an individual has been dead for three years or after has 70 years old and has been free from arrest or prosecution for 10 years. For all felonies, and most first degree misdemeanors, the only way to obtain an expungement is to first obtain a Governor's pardon.
Offenses Eligible for Expungement Under Pennsylvania*s New Law:
Under the new law, those persons with 2nd and 3rd-degree misdemeanors, which do not involve violence, are able to seek the expungement so long as they have not had any other convictions within the past 10 years if the original conviction was for a 2nd-degree misdemeanor and the offender was under 25, or 7 years in the case of a 3rd-degree misdemeanor. A certain type of very minor offense, referred to as a summary offense, may be expunged after the passing of 5 or more years. For those in Accelerated Rehabilitative Disposition programs, involving cases such as DUI*s, though not including sex-related crimes against minors, the trigger of the expungement may be automatic upon successful completion of the program.
The expanded list of offenses that are now eligible to be expunged includes substance-related offenses such as DUI*s and controlled substance and drug paraphernalia possession, as well as 2nd-degree misdemeanors such as larceny, identity theft, and reckless endangerment. Assault and battery offenses which have been graded as mutual-combat 3rd-degree misdemeanors are an exception to the violent offense ineligibility rule.
Ineligible Misdemeanor Offenses
Ineligible convictions include firearm and weapons offenses, sexual acts and cruelty to animals, intimidation and/or retaliation against witnesses, those offenses which require Megan*s Law registration, and any offense which carries an incarceration sentence of 2 or more years or has multiple prior convictions with at least a 1-year sentence.
For records in which you were charged with a crime but not convicted of it, those can be expunged, not sealed. They are completely destroyed. I believe this is one of the provisions for expungement. As for the 2nd and 3rd degree non violent misdemeanors, they are sealed (not expunged I was wrong), which only prevents most employers, schools etc from seeing it. Police, govt agencies however will.