Carbon County is located in the Eastern portion of Pennsylvania, and contains portions of the Pocono Mountains. The county has over 63,000 residents and is also considered part of the state's coal region. All matters of law in the county are resolved within Carbon County's Court of Common Pleas, which is located in Jim Thorpe, PA. When a person has a criminal or arrest record in the county that requires expungement or criminal record sealing, they must request these motions through the court.
Carbon County Expungements
When filing for an expungement in Carbon County, the first step is to determine whether or not the requirements at the state level for an expungement have been met. Pennsylvania provides limited capability for a person to request an expungement. The grounds for expungement eligibility include:
- A person is over the age of 70, and at least ten years have passed since they have faced any criminal proceedings against them.
- A person was convicted of a summary offense, completed their sentence, and five (5) years have passed since they have faced any criminal proceedings against them.
- A person was offered a resolution of a criminal charge through an Accelerated Rehabilitative Disposition (ARD) program, and the ARD program has been completed.
- If a person was arrested, but the criminal charges were, for example, dismissed by the Carbon County Court, or withdrawn by the Carbon County District Attorney's Office, these charges may be eligible for expungement; a "redaction," also known as a "partial" expungement," may be the appropriate form of relief for charges that were dismissed or withdrawn in some instances.
Carbon County Record Sealing
For more serious criminal records, Pennsylvania also offers the option for a criminal record sealing process through the state's "Limited Access" laws. These laws prevent the records from being accessed during standard background checks, which in essence, seals them. In order for a person to be eligible for the limited access process, they must have satisfied their sentence completely (if applicable) and must also not have had any criminal proceedings against them for at least ten (10) years. In addition, while the law allows for many misdemeanor charges to be sealed, only 2nd degree, 3rd degree, and ungraded misdemeanor charges are eligible for this process; with limited exceptions.
Carbon County Juvenile Expungement
Criminal and arrest records accrued before a person has turned 18 are referred to as "juvenile records." Contrary to popular myth, these records are not simply "cleared" when someone turns 18; the records will instead remain with a person until they are expunged. Fortunately, the expungement eligibility requirements for juvenile arrest records and criminal records in Pennsylvania are somewhat more lenient than those for adult records. A person may be eligible for an expungement of their juvenile records under the following circumstances:
- If a person faced juvenile charges, but the charges were later dropped, dismissed, or withdrawn.
- If a person was placed under court supervision, the supervision has ceased, and six (6) months have passed without facing any additional charges.
- If a person was convicted of a juvenile delinquency charge, their sentence has been served, and at least five (5) years have passed without any criminal proceedings against them.
- If a person is over the age of 18, they may petition the court for an expungement of their juvenile records, however, the court must approve.
Clearing Your Criminal Record in Jim Thorpe, Pennsylvania
Pennsylvania Expungement Process in Jim Thorpe
When expunging a criminal record in Carbon County, whether as an adult, juvenile, or after ARD is complete, or sealing a criminal record in Carbon County, the Cameron County Court of Common Pleas will be where the matter is addressed. The Carbon County Court of Common Pleas is located at 4 Broadway, Jim Thorpe, PA 18229.
The person seeking the expungement or criminal record sealing in Carbon County will be the "petitioner" in the case, and the Carbon County District Attorney's Office will be the "respondent." The Carbon County District Attorney's Office is located at 2 Broadway, Jim Thorpe, PA 18229.
The process for an expungement or criminal record sealing in Carbon County will proceed without issue in most instances if the Carbon County District Attorney's Office does not object to the expungement petition or limited access petition pursuant to Pennsylvania Rules of Criminal Procedure. The specific Pennsylvania expungement or limited access law which will apply to the request for relief filed in Jim Thorpe, PA, will depend on the specifics of the Carbon County criminal case itself: either Pa.R.Crim.P. 490 for summary offense expungements; Pa.R.Crim.P. 790 for standard criminal record expungements; Pa.R.Crim.P. 791 and 18 Pa.C.S. § 9122.1 in cases involving record sealing; or 18 Pa.C.S. § 9123 in cases involving juvenile records. In some instances, requesting relief based upon a combination of these Rules is sometimes required to clear a Pennsylvania criminal record in Carbon County as comprehensively as possible.
Because the Carbon County Court will most often decide a request for an expungement or record sealing "on the pleadings," meaning that judgment will be made on a proper petition, order, and related pleadings, persons seeking to clear their record per Pennsylvania law must make sure that their request is properly handled in all respects, and to an exacting degree. In addition, the Carbon County Clerk of Courts requires one (1) original pleading unlike many Pennsylvania counties. Although the Clerk of Courts will serve the District Attorney's Office, it is good practice in Carbon County for the petitioning party to also serve the District Attorney's Office.
Finding the Best Attorney for Carbon County Expungement | Attorney for Carbon County Record Sealing
Filing for expungement or criminal record sealing is invaluable to those who seek to hold a professional license for a career, or for students seeking to enter or continue in higher education. The filing process for these motions can be daunting and somewhat confusing, especially when undertaken alone. Errors in the process can further delay getting an expungement or record sealing, which can be frustrating and discouraging. For these reasons, individuals seeking an expungement or record sealing should seek out the services of an experienced Pennsylvania criminal record expungement attorney.
Attorney Joseph D. Lento has a proven record of success helping clients with clearing their records throughout Pennsylvania, and as importantly, he personally handles all clients' expungements and record sealings from start to finish. If you or a loved one is currently seeking expungement or record sealing in Jim Thorpe or Carbon County, contact attorney Joseph D. Lento today.