Why the District Attorney's Office May Object to an Expungement?

Although in many cases, an expungement may be granted simply on the merit that a person has fulfilled all eligibility requirements, there are some cases where a person may face an objection to the expungement motion. Expungements must be approved by a judge, however, they are often reviewed by the District Attorney's office prior to making their way to completion.

Reasons to Object to an Expungement

When reviewing a person's petition for expungement, the District Attorney's office may object to the petition. This can be for any number of reasons, however, there are some common reasons that a petition may face an objection. Some of these reasons can include:

  • A person is not eligible for an expungement: If a person has not fully completed the requirements for expungement, the District Attorney may object to their request to have their record expunged.
  • The person presents a danger to their community: The District Attorney will weigh out the circumstances of a person's crime and current standing with the law. If the person presents any sort of danger to their community, the District Attorney may object to the expungement.
  • There are factors associated with the crime that weigh against granting an expungement: Certain criminal acts, by their nature, may weigh heavily against the defendant when applying for expungement. The District Attorney will consider things such as the victim of a crime, the person's effect on the victim, and whether or not they are likely to commit a criminal act again.

Defending Your Expungement

When the District Attorney's office objects to a person's expungement, the motion does not necessarily stop in its tracks completely. First, the District Attorney may offer a counter argument, to which the petition may respond to once more. If this does not work, the matter may proceed to a decision by a hearing in front of a judge, with the District Attorney arguing against them.

Pennsylvania Expungement Attorney

When a person wishes to file for an expungement in Pennsylvania, they must file a motion with the Court of Common Pleas. Doing so can be a daunting task for a person who is unfamiliar with the court system. When filing the motion, a person may find that they receive inadequate help from court employees. Filings made with errors can cause a person to have to start their expungement process from the beginning which can ultimately delay a person's motion from being completed.

Expungements may best be left in the hands of an attorney. An attorney will be able to conduct the filing properly and reduce the likelihood of any delays. In addition, an attorney will also be able to defend a person's motion for expungement if the matter comes to a hearing.

If you or a loved one is seeking an expungement in Pennsylvania, contact attorney Joseph D. Lento today.

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Attorney Joseph D. Lento has nearly a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania and New Jersey attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, or New Jersey should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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