What does a “Petition for Expungement” mean and why should I file one?
If you have been arrested and the charges were withdrawn, dismissed, Nolle Prossed (dismissed by the District Attorney), you have completed ARD (Accelerated Rehabilitative Disposition), or found Not Guilty, your criminal record associated with this docket number will still be out in the universe for all to see, indefinitely. These charges will still appear on any criminal background check of your name or social security number. A criminal record will cause major difficulties when filling out a rental application, applying for a job, entering the military, applying for a credit card, and a host of other scenarios. The only path to a clean criminal record is the filing of a Petition for Expungement.
The courts are not required to remove or expunge your criminal record once your case is resolved, even if your charges were dismissed, withdrawn, or Nolle Prossed. These charges will still appear on all criminal background checks even if you have completed ARD or were found not guilty by a jury or a judge.
Why do I need to file this petition? Because you need a clear criminal record. A Petition for Expungement is a motion filed with the Clerk of Courts in the county of the arrest. Once granted, your entire criminal record associated with your specific docket number is removed and destroyed from the Unified Judicial System of Pennsylvania. All charges relating to this particular docket number are wiped clean from the system and the entire matter is removed. Any agency involved in the original charges is ordered by the Court to remove this docket number from their system, certify this removal and the physical destruction of the file. The local court and police department where the charges originated are ordered to destroy your file. The District Attorney’s Office and the Administrative Office of Pennsylvania Courts are also notified and ordered to remove your record from their database. Even the Pennsylvania State Police are so ordered.
ThePhillyLawyers have filed hundreds of Petitions for Expungement for their clients. It is a simple and painless process with extraordinary results… a clear criminal record. Although the process may take a few months to conclude, a Petition for Expungment is the only path to a clear criminal record. There are, however, some charges that cannot be expunged or may require a five-year waiting period to file. Please call ThePhillyLawyers and see if your charges can be expunged so you can have a clear criminal record.
Lauren was stopped at a red traffic light when another driver slammed into the rear of her car. Lauren unfortunately waited nearly two years before contacting us. Because she waited so long, she nearly missed her opportunity for compensation for her injuries.
In Pennsylvania, you have two years from the date of an accident to take legal action against the negligent person or business. If you wait longer than two years, it is likely that you will not be permitted to bring your claim. This is called the statute of limitations period.
The driver who hit her also did not carry sufficient insurance coverage. Unfortunately, in Pennsylvania, the state-required minimum insurance coverage is extremely low; therefore, carrying sufficient Uninsured and Underinsured Motorist (UM/UIM) insurance coverage is one of the most important, and most overlooked, insurance decisions an individual needs to make. Without sufficient UM/UIM coverage, if you are seriously injured by a negligent underinsured, or uninsured, motorist, you risk receiving nothing. UM/UIM coverage protects you from other drivers who either have no insurance coverage or who have a policy limit that is too low to cover the cost of your injuries.
With the very short window afforded to protect Lauren’s rights, we immediately filed suit against the other driver and against Lauren’s own insurance company.
We determined that the defendant driver caused the accident and was distracted and on her cell phone. We added punitive damages to our lawsuit and argued that such outrageous, reckless conduct by the other driver causing the accident, constituted a disregard for the safety of others warranting punitive damages. Courts award punitive damages to punish a defendant deterring similar conduct in the future.
Due to COVID-related limitations in healthcare, Lauren did not treat as extensively as she required. Since she did not get sufficient medical care, her injuries did not resolve.
Because we aggressively advocate for our clients so that the true severity of their injuries is known and quantified, we have a full array of doctors, nurses, and experts who work with our attorneys so that injuries are understood and explained. This helps ensure that they receive the best financial compensation. In Lauren’s case, since the less invasive medical providers had been unable to understand and treat the full extent of her injuries, we encouraged her to consult with a spine surgeon. The spine surgeon was able to properly diagnose and care for her injuries.
Prior to this accident, Lauren was a hardworking nurse, but because of her accident injuries and the demands on her schedule to attend treatment, Lauren was out of work and ultimately lost her job.
When Lauren was out of work, it put significant financial strain on her family. Even though she diligently tried to return to work, the accident and injuries simply would not allow her to work.
We prepare every case as if we were going to a jury trial—sparing no effort or expense—making sure Lauren would get the compensation she needed, deserved, and was entitled to under the law.
The other driver’s insurance defense lawyer and Lauren’s own insurance company understood we were well-prepared and very serious about securing justice for Lauren. Because of our approach, ultimately, we were able to achieve a substantial six-figure settlement for Lauren.
We feel fulfilled when we secure fair compensation for our clients and are proud of this result. That is because when Lauren came to us, she was nearly out-of-time to bring any claim. She was not receiving proper medical care, and the defendant had insufficient insurance coverage. After Lauren hired us, we protected her rights, helped her access the specialists she needed, and earned her a substantial pre-trial settlement. If you have been severely injured by a careless driver, you need a lawyer with experience who will invest the time, energy, and resources necessary to hold the other driver, the other driver’s insurance company, and your own insurance company accountable to achieve justice and proper compensation for you.
