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.