Pike County is located on the northeastern border of Pennsylvania and shares boundaries with both New York and New Jersey. The county supports a populace of over 55,000 residents. The county is served in all matters of law by the Pike County Court of Common Pleas, located in Milford. The court maintains all records within the county and is also responsible for maintaining judicial authority. When a person wishes to expunge or seal their prior criminal or arrest record, they must do so at this court.
Expungement in Pike County
Before a person may petition Pike County for an expungement, they must first meet the state's guidelines for obtaining an expungement. Pennsylvania presents petitioners with strict circumstances under which they may obtain an expungement. If a person wishes to expunge their record they must:
- If a person was arrested, but the criminal charges were, for example, dismissed by the Pike County Court, or withdrawn by the Pike County District Attorney's Office, these charges may be eligible for expungement; in some instances, the appropriate form of relief for charges that were dismissed or withdrawn may be a "redaction," also known as a "partial" expungement.
- They must have fulfilled an Accelerated Rehabilitative Disposition (ARD) program. These programs are typically offered as a means of avoiding a criminal conviction for certain offenses.
- They must have fulfilled a waiting period of at least five (5) years without criminal offenses if they were convicted on a summary offense.
- They must have fulfilled a waiting period of at least ten (10) years without additional criminal offenses if they are over the age of 70 years.
Juvenile Expungement In Pike County
When a person is facing criminal charges or is arrested prior to their 18th birthday, the court will most often classify their records as juvenile records. While many believe that these records have an expiration date of their 18th birthday, the truth of the matter is that these records should be expunged just as if they were adult records. Fortunately, Pennsylvania is more lenient when it comes to allowing a person to expunge their juvenile records. A person may expunge their juvenile record under the following circumstances:
- A person is over the age of 18, has petitioned the court for an expungement, and the court has been convinced through their argument to grant the expungement.
- A person has been placed under court supervision, the supervisory period has concluded, and six (6) months have passed without additional criminal proceedings.
- A person was arrested on juvenile charges, but the charges were later dropped.
- A person was convicted on a juvenile charge, served their sentence, and at least five (5) years have passed without additional criminal proceeding.
Sealing Records in Pike County
When a person has more serious criminal records within the county, they may make use of a different process to clear their name. This process is known as record sealing and relies on a motion filed using Pennsylvania's "Limited Access" laws. The motion allows for misdemeanor records to be sealed from access during background checks. 2nd degree, 3rd degree, and ungraded misdemeanor records are eligible for sealing under this process. To apply, a person must have fulfilled a waiting period of at least ten (10) years without additional criminal proceedings. In addition, certain misdemeanor convictions are specifically precluded from record sealing by statute. If all other conditions are satisfied, however, most misdemeanor convictions will be eligible for record sealing as long as they are upgraded, 3rd, or 2nd-degree convictions.
Clearing Your Record in Milford, Pennsylvania
Pennsylvania Expungement Process in Milford
When expunging a criminal record in Pike County, whether as an adult, juvenile, or after ARD is complete or sealing a criminal record in Pike County, the Pike County Court of Common Pleas will be where the matter is addressed. The Pike County Court of Common Pleas is located at located in 410 Broad Street, Milford, PA 18337.
The person seeking the expungement or criminal record sealing in Pike County will be the "petitioner" in the case, and the Pike County District Attorney's Office will be the "respondent." The Pike County District Attorney's Office is located at 506 Broad Street, # 203, Milford, PA 18337.
The process for an expungement or criminal record sealing in Pike County will proceed without issue in most instances if the Pike 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 Milford, PA, will depend on the specifics of the Pike 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 Pike County as comprehensively as possible.
Because the Pike 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 Pike County Clerk of Courts requires one (1) original pleading, unlike most Pennsylvania counties. Although the Clerk of Courts will serve the District Attorney's Office, it is good practice in Pike County for the petitioning party to also serve the District Attorney's Office.
Finding the Best Attorney for Pike County Expungement | Attorney for Pike County Record Sealing
Sealing records and expungements are important motions for individuals who seek to further their employment goals or advance their life or career through higher education or professional licensure. Prior records can severely and negatively impact a person's ability to move on with their life. When filing these motions without proper counsel, a person will have to rely on direction from the courts, who may not provide adequate guidance. Any missteps in filing can cause a person to start over, which can cause delays in other aspects of their life. To reduce the likelihood of this occurring, it may be best to have these filing handled by an attorney, and an experienced Pennsylvania expungement attorney can help.
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 in need of an expungement or record sealing in Milford or Pike County, PA, contact attorney Joseph D. Lento today.