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Motion For Expungment Of Record - Pennsylvania
| Motion For Expungment Of Record Form. This is a Pennsylvania form and can be used in District Attorney Erie Local County . |
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IN THE COURT OF COMMON PLEAS OF ERIE COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA v. : : : : : CRIMINAL DIVISION Docket Number: MOTION FOR EXPUNGEMENT OF RECORD AND NOW, comes the Defendant, Expunge Record, averring in support thereof as follows: 1. , and files this Motion to On ___________________________, Defendant was arrested for___________________ ____________________ by the _______________________ Police Department and taken before District Justice _______________________________________. On ____________________________, Defendant was accepted into the ARD Program by Judge ____________________________ and was given ___________ Months of ARD Probation; _____________________ license suspension and costs and fines. Defendant successfully completed the ARD Program and paid all costs and fines in full. Pursuant to Rule 186 of the Pennsylvania Rules of Criminal Procedure, Defendant now wishes to have his/her record expunged in accordance with the provisions of the Criminal History Information Act, 18 Pa. C.S.A. et. seq. WHEREFORE, Defendant respectfully requests this Honorable Court to enter upon the 2. 3. 4. record herein the Expungement Order attached hereto. Respectfully submitted, ________________________________ Consent: _________________________________ District Attorney of Erie County American LegalNet, Inc. www.FormsWorkFlow.com COMMONWEALTH OF PENNSYLVANIA v. : : : : : : IN THE COURT OF COMMON PLEAS OF ERIE COUNTY, PENNSYLVANIA Docket Number: OTN: ORDER OF COURT AND NOW, to-wit, this ______ day of ___________________________, 2002, upon consideration of the within Petition and on Motion of Expungement, it is ORDERED and DECREED, that the abovenamed defendant, whose date of birth is ______________________ and whose Social Security number is ____________________, for the charge(s) _____________________________________ Criminal History Record Information Act, 18 Pa. C.S.A. § et. seq., AND TO ACCOMPLISH THAT PURPOSE, IT IS SPECIFICALLY ORDERED THAT: 1. Counsel for the Defendant shall: 1. 2. Serve two certified copies of said Petition and Order upon the arresting agency. Serve one copy of the said Petition and Order on the District Attorney of Erie County, and, if this Order involves expungement of a case or cases finalized in the District Justice Courts (where there was a dismissal, discharge or other final disposition at the District Justice level, and no bind-over appeal to, or other disposition in a court of record), serve one copy of the Petition and Order upon the proper issuing authority or authorities. 2. 3. The Clerk of Courts of Erie County shall note the expungement on the records of the within case(s), if the case(s) were finally disposed of in the Court of Common Pleas. The arresting police agency, upon receipt of two certified copies of the within Petition and Order from the Clerk of Courts, shall: 1. 2. Forthwith forward one copy of the within Petition and Order to the Pennsylvania State Police Central Repository; and, Note the expungement on the records of the within case(s) maintained by their department, and expunge from any local RAP sheets or their equivalent maintained by said police agency any reference to the within case(s); and, Within thirty (30) days of the receipt of this Petition and Orde4r, file with the Clerk of Courts of Erie County, an affidavit stating that paragraph 2 of this Order has been complied with. 3. 4. The said Pennsylvania State Police Central Repository shall: 1. Expunge their records in accordance with this Order; and, American LegalNet, Inc. www.FormsWorkFlow.com 2. 3. As required by the Criminal History Record Information Act, 18 Pa. C.S.A. § 9122 (d), "notify all criminal justice agencies which have received the criminal history record information to be expunged" of this expungement order; and, Within thirty (30) days of receipt of this Petition and Order, file with the Clerk of Courts of Erie County, an affidavit stating that paragraph 3 of this Order has been complied. 5. The District Attorney and any issuing authority, upon receipt of ;this Petition and Order shall note the expungement on the records of their offices, if any, relating to the case(s). IT BEING FURTHER ORDERED, HOWEVER, THAT NOTWITHSTANDING THE ABOVE, AND IN ACCORDANCE WITH THE CRIMINAL HISTORY RECORD INFORMATION ACT, NOTHING IN THIS ORDER SHALL BE CONSTRUED TO REQUIRE: A. The expungement of public records which are exempt from expungement by 18 Pa. C.S.A. § 9104 (e), namely, "(o)riginal records of entry complied chronologically, including but not limited to police blotters and press releases that contain criminal history record information and are disseminated contemporaneous with the incident", "(a) any documents, records or indices prepared or maintained by or filed in any court in the Commonwealth, including but not limited to the minor judiciary", "(p)osters, announcements, or lists for identifying or apprehending fugitives or wanted persons", or (a)nnouncements of executive clemency." 18 Pa. C.S.A. § 9104 (a). The expungement of non-criminal history record information which is exempt from expungement by 18 Pa. C.S.A. § 9102, namely intelligence information (defined in 18 Pa. C.S.A. 9102 as "information concerning the habits, practices characteristics, possessions, associations or financial status of any individual", investigative information (defined in 18 Pa. C.S.A. § 9102 as "information assembled as a result of the performance o any inquiry, formal or informal, into a criminal incident or an allegation of criminal wrongdoing and may include modus operandi information), including medical and psychological information or information specified in 18 Pa. C.S.A. § 9104" (Other than as specified in 1 above, this includes: "(c)ourt dockets, police blotters (including any reasonable substitute therefore) and information contained therein"). The expungement of information required or authorized to be kept by the prosecuting attorney, the central repository and the court by 18 Pa. C.S.A. § 9122 (c), relating to diversion or pre-conviction probation programs such as Accelerated Rehabilitative Disposition. BY THE COURT: B. C. _________________________________________ American LegalNet, Inc. www.FormsWorkFlow.com
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