Friday, March 25, 2011

Expungement of criminal record in Pennsylvania

Pennsylvania offers remedies for those looking to expunge their criminal records. Having your Pennsylvania record expunged broadens your job opportunities and your potential to make more money. Upon expungement, you also become eligible for professional licenses.
What people don't realize is that even if you were arrested and no charges were filed, or charges were dismissed or you were found not guilty you have a criminal record of ARREST for life. That record can cause you to be unfairly prejudiced when you apply for jobs or housing. A simple arrest can cause you to have a record a several state law enforcement agencies.
When a person is arrested and or convicted in Pennsylvania, that arrest record is transmitted to various law agencies. The local police, county police, penitentiary,probation office, clerk of court, district court, state police and federal government all share information about the arrest and conviction.
With two exceptions, only non-conviction data can be expunged. Non-conviction data includes:
1. Arrest records that show no disposition took place (meaning that the Commonwealth chose not to prosecute) after 18 months and the court of the proper jurisdiction certifies that no action is pending.
2. Cases that were dismissed or discharged because of lack of evidence or lack of prosecution or because there was no finding of guilt after trial.
3. Cases that were dismissed or discharged because the offender successfully complied with the terms and conditions of certain pretrial dispositions such as the ARD (Accelerated Rehabilitative Disposition), Section 17 etc., program.

Conviction data may be expunged where the offender is 70 years old and has been free of arrest for at least ten years following his or her final release from supervision. It may also be expunged where the offender had been deceased for at least three years.
It is important to remember that for most people, at the end of the case there is a mix of conviction and non-conviction record because not necessarily all charges result in conviction, and, therefore, there can be an expungement of the part of your record that will still look better than no expungement.

Wednesday, March 2, 2011

Buyer Beware

The old law while purchasing real estate was caveat emptor (Buyer beware). The buyer was responsible for inspecting the property and discovering all possible defects on it. However, recently, the law has been changing rapidly, especially when it comes to the residential real estate. In Pennsylvania, seller is now obligated to provide the buyer with the Sellers Disclosure, where the seller is obligated to disclose all known defects to the property. Seller is liable for failing to disclose known defects. The big distinction is between known visible (patent) defects and invisible (latent) defects. Clearly, Buyer is responsible for discovering all the visible defects.
Buyer Defense attorneys think that buyer waived all the rights to sue if he did not hire an inspector. That is not true. There are certain places where inspectors wouldn't go anyway, and that's where the latent defects are.