When a person is filing for expungement, even if they have met the eligibility requirements for their expungement, they may encounter some difficulty when the motion hits the District Attorney's office. While most expungements are typically granted based upon eligibility, the fact remains that the state must still approve of the motion before it can be granted. This means that the District Attorney must allow the expungement to pass. At times, a defendant may be met with an objection from the District Attorney through the course of their motion.
Can My Expungement be Objected?
The District Attorney in the county where a person files their expungement can object to the petition. There can be a number of reasons why the District Attorney may do this. Some of these include:
- Public Safety Issues: If the District Attorney believes that the defendant has the potential to exhibit any signs of danger to the general public, they may argue against allowing the expungement to take place.
- Time Since the Conviction: The District Attorney may consider a person's expungement favorably if a significant period of time has passed since the incident. In addition, a person's age may be considered as well, especially for juvenile expungements
- The Person's Quality of Life: A criminal record can contribute to several negative consequences in a person's life. A District Attorney may consider heavily factor's such as a person's ability to get a job, any on-going alcohol or drug problems, and how the expungement can benefit them.
- The Type of Offense: A District Attorney may reject expungements for particularly violent or damaging acts. The type of offense can play a role in a district attorney's decision to grant an expungement.
What Happens if the District Attorney Objects to my Expungement?
When a district attorney objects to a person's expungement, the matter can become much more complex. At first, the district attorney may wager a counter argument to the initial petition for expungement or may deny it. A petitioner can then respond, or they may bring the matter to a hearing. A hearing to defend the expungement motion is not particularly common, however, if one arises, it will be difficult to defend in court when unprepared.
Pennsylvania Expungement Attorney
When a person decides to file for an expungement, they are capable of doing so without an attorney, however, the filing process can be lengthy, complex and frustrating. Due to high case volumes, court employees may not always be able to provide an adequate level of guidance for filing properly, and errors in filing can cost a person valuable time. An attorney conducting the filing can handle any opposition from the DA's office and can also ensure that an initial filing is done timely and without error. If you or a loved one is seeking an expungement contact attorney Joseph D. Lento today.