Montour County is a small county within the central region of the state of Pennsylvania. The county has approximately 18,000 residents within its townships. The county is served in all legal matters by the Montour County Court of Common Pleas, located in the county seat of Danville, PA. The court resolves all matters of legal disputes within the county and also keeps all records associated with them. When a person wishes to clear their name, the must petition this court in order to do so.
Montour County Expungements
Petitioning the Montour County Court of Common Pleas for an expungement can be done once a person has met the requirements for expungement under Pennsylvania law. The state allows a person to expunge their records once they have met certain guidelines, such as passage of time. The circumstances for expungement under Pennsylvania law are:
- A person was convicted on a summary offense, has fulfilled their sentence, and five (5) years have passed since they have completed their sentence without any more criminal matters against them.
- A person is over the age of 70, and at least ten (10) years have gone by without additional criminal matters against them
- A person was given the chance to enter an Accelerated Rehabilitative Disposition (ARD) program, the program has been completed, and no criminal matters are pending.
- If a person was arrested, but the criminal charges were, for example, dismissed by the Montour County Court, or withdrawn by the Montour County District Attorney's Office, these charges will be eligible for expungement; charges that were dismissed or withdrawn may be instead eligible for a "partial" expungement, also known as a "redaction," depending on the circumstances of the case.
Montour County Record Sealing
When a person has more serious criminal records associated with their name, they may be eligible to seal them under the "Limited Access" laws in Pennsylvania. When a person files to seal their records, the courts will prevent certain access to a person's records when they are searched during a background check. This essentially seals the record and allows a person to move on with their life. A person with misdemeanor records of the 2nd degree, 3rd degree, and ungraded categories may be able to seal their records; persons considering record sealing in Pennsylvania should understand that a limited number of specific misdemeanor convictions remain ineligible for relief. If the misdemeanor conviction(s) and circumstances otherwise allow a criminal record to be sealed, in order to qualify, at least ten (10) years must have passed without additional criminal charges.
Montour County Juvenile Records
Juvenile records are criminal or arrest records that correspond with incidents prior to a person's 18th birthday. These are accrued often in a person's teenage years, and often do not present any valid judgments of character. In spite of this consideration, these records will remain long after a person's 18th birthday and can impact their life when attempting to pursue a career or education. Fortunately, Pennsylvania allows a person to expunge these records, and with less strict circumstances than an adult record. These circumstances are:
- A person has attained legal adulthood, then petitions the court for an expungement, and the court approves.
- A person with a juvenile offense conviction completes their sentence, then after five (5) years without additional criminal matters petitions the court for an expungement.
- A person who was placed under court supervision completes the supervision, then after six (6) months without any criminal proceedings petitions the court for an expungement.
- A person was arrested on juvenile charges and had the charges dismissed can petition the court for an expungement provided no outstanding criminal matters remain.
Clearing Your Criminal Record in Danville, Pennsylvania
Pennsylvania Expungement Process in Danville
When expunging a record in Montour County, whether as an adult, juvenile, or after ARD is complete, or sealing a record in Montour County, the Montour County Court of Common Pleas will be where the matter is addressed. The Montour County Court of Common Pleas is located at 29 Mill Street, Danville, PA 17821.
The person seeking the expungement or record sealing in Montour County will be the "petitioner" in the case, and the Montour County District Attorney's Office will be the "respondent." The Montour County District Attorney's Office is also located at 29 Mill Street, Danville, PA 17821.
The process for an expungement or record sealing in Montour County will proceed without issue in most instances if the Montour 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 Danville, PA, will depend on the specifics of the Montour 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 criminal 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 Montour County as comprehensively as possible.
Because the Montour 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, Montour County expungement requirements include an original pleading and four (4) copies.
Finding the Best Attorney for Montour County Expungement | Attorney for Montour County Record Sealing
For individuals who wish to further their employment opportunities, enter into higher education, or pursue careers that require professional certification, criminal records can be a destructive hindrance to their goals. Filing motions for expungement or record sealing can be confusing for a person who does not have much experience with these motions. In addition to this concern, the courts may prove unhelpful when a person seeks direction. Errors in filing can cause a person to have to start from the beginning of the process; if not result in an outright denial of relief. For these reasons, a person may wish to consult with an attorney when attempting to file these motions. An experienced Pennsylvania expungement attorney can help ensure the process is successfully completed without issue.
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 seeking an expungement or criminal record sealing in Danville or Montour County, PA, contact attorney Joseph D. Lento today.