Many people who have been arrest for a criminal charge may find that the arrest on their record keeps them from achieving some of their goals in life. Perhaps it is a felony offense committed 15 years ago, or a misdemeanor shoplifting offense committed at age 18. Many criminal offenses can be expunged, or cleared from your record, giving you a fresh start free of the stigma of your previous criminal arrest. Convictions can not be expunged, however a pardon may be available in certain circumstances.

Attorney Joe Mitchell and his office staff understand that many individuals who are not career criminals nevertheless have a blemish on their criminal record. By clearing or sealing the record of the offense, you get a clean start that lets you apply for jobs that would involve background checks, apply for credit, and generally make a fresh start without a criminal record. Please take a look below at the answers to some frequently asked questions regarding clearing criminal records.

Frequently Asked Questions Regarding Expungements

(Clearing Criminal Records)

WHAT DOES A CRIMINAL RECORD CONSIST OF?

A criminal record is a history of all of your arrests and convictions. ADD: Adult Criminal Records for Pennsylvania arrests and convictions can be found online at http://ujsportal.pacourts.us.

CAN A CRIMINAL RECORD BE CLEARED, SEALED OR DESTROYED?

Yes, arrests, dismissals and not guilty verdicts can be cleared (or cleansed) from ones criminal record through a legal process known as an "Expungement." An Expungement is a process of clearing or sealing a portion ones criminal records. Convictions can only be erased through a pardon from the govenor.

 WHY WOULD YOU WANT TO "EXPUNGE" OR SEAL YOUR CRIMINAL RECORD?

Having a criminal record impacts your ability to obtain credit or to get the job you want. There are other serious consequences of having a criminal conviction. For example, in todays tight economy employers are doing extensive background checks before hiring new employees. Apartment complexes often reject tenant applications based on criminal records. Criminal records can even affect your ability to obtain a professional license.

A potential employer or landlord can easily obtain your criminal record or history. Law enforcement agencies, (Police and Sheriffs departments), Court and County clerks offices, prosecutorial agencies (District Attorney, City Attorney, U.S. Attorney), and the FBI maintain criminal histories. Many of these records are now available to the general public by way of the Internet. If your criminal arrest, dismissal or not guilty verdict is sealed or expunged then you are legally allowed to say that the arrest never occurred on documents such as job applications, rental applications, or for many other purposes. An expungement gives someone a "clean slate", the opportunity to start fresh.

CAN CRIMINAL CONVICTIONS BE  EXPUNGED?

No, criminal convictions can not be expunged.  Any arrest not resulting in a conviction has the possibility of being expunged. Your attorney can give you the best advice on whether your arrest can be expunged.

HOW DOES THE EXPUNGEMENT PROCESS WORK?

After it is determined that you qualify for an expungement, our office prepares a petition/motion. This petition/motion is filed with the Court and a copy is sent to the appropriate prosecutors office. A hearing date is scheduled in the Court of Common Pleas in Philadelphia or the surrounding counties. At the hearing the Judge will consider the specific facts and circumstances in your case. Your record will be reviewed, or checked.  In addition, the Judge will listen to the prosecutor, as well as your attorneys arguments before deciding whether or not to grant the expungement motion.

HOW LONG WILL IT TAKE TO GET YOUR RECORD EXPUNGED?

The process usually takes 2 to 4 months to complete locally. Pardons can take up to 2 years.

 EXPUNGE CRIMINAL RECORDS

Contact Attorney Joe Mitchell to discuss your matter and determine whether it qualifies for an expungement. We can assist you in expunging your criminal record and you may not even have to make a court appearance. Please call us at 215-557-7111 for a FREE CONSULTATION

Contact an Experienced Attorney to Seal Your Criminal Record
If you have any questions or would like to speak directly to an experienced criminal attorney regarding clearing your criminal record (expungements and pardons), please do not hesitate to call my Philadelphia office at 215-557-7111 for a FREE CONSULTATION. If you prefer, you may e-mail us and Attorney Mitchell or his experienced staff will be in touch with you as soon as possible.

Greater Philadelphia Drug Lawyer

Greater Philadelphia Drug Arrest Attorney

The increased use of drugs throughout the country has had an effect on a generation of Americans. There is evidence that indicates that the war on drugs is a failure, yet prosecutors representing the various counties in Greater Philadelphia and the United States of America continue to prosecute cases and impose up to life-long jail sentences at a very high rate. Attorney Joe Mitchell and his offices help defend clients in drug matters involving:

• Trafficking
• Possession of Drugs for Sale
• Possession of Drugs
• Distribution
• Cultivation
• Transportation
• Manufacturing of Drugs

Following is a list of some illegal drugs:

• Heroin
• Cocaine
• Crack Cocaine
• Ecstasy (MDMA)
• Meth
• Marijuana
• Cannabis
• Opium
• Hashish (and Hashish Oil)
• PCP
• Morphine
• Barbiturates
• LSD
• Steroids
• Mescaline
• Methadone
• Wet

Your primary defense against Pennsylvania state drug crimes is not that different to the defense of federal drug crimes (except for differences in sentencing and pre-trial motions). An important factor in determining the severity of the charge is the type and quantity of the illegal drugs involved. Another factor in determining the seriousness of the charge is whether the drugs are for personal use or for sale. A drug offense may be a felony or a misdemeanor, depending on the quantity and type of drug found by law enforcement. A few pounds of a drug is certainly more serious than just a few ounces, and a few ounces is more serious just than a few grams. Another very important factor is whether or not you have a prior criminal record. For obvious reasons, a prior criminal record could result in a more severe punishment than if the defendant had a clean or relatively minor record consisting of misdemeanors.

Penalties for Drug Charges

Penalties for Drug Crimes are serious. They may include jail/prison time, a fine, seizure of assets (including vehicles), loss of a drivers license and inability to get a license to carry a firearm. Because the potential penalties are so serious, it is critical to obtain a skilled criminal defense attorney as soon as possible.

Federal sentencing guidelines describe forty-three (43) base offense levels for drug charges. The higher the level of offense, the harsher the sentence is likely to be. The base offense level under the federal guidelines varies; it directly depends on the type of drugs and the amount of drugs. For example, Crack is a form of cocaine and is listed on the same schedule of controlled substances. Nevertheless, the quantity of crack needed to impose certain sentences is much less than the quantity of powdered cocaine. Thus, a person convicted of delivering 5 grams of crack will receive a sentence in the federal system of five to forty years. In order to receive this sentence on a cocaine charge, a person would have to be convicted of delivering 500 grams of powdered cocaine. It is important for an accused person to be represented by a lawyer who has experience navigating these sorts of sentencing issues.

The crime of “simple possession” requires that a person knowingly and intentionally possess an illegal/scheduled drug without a legitimate prescription. The government is required to prove that the offender knew that the drug was a controlled substance and that he/she had either actual possession of it or some other control over it. The federal sentencing guidelines allow for a maximum of one year in prison for a first-time offender, a maximum of two years in prison for a second-time offender, and a maximum of three years in prison for a third-time offender (or higher). Please note the exception for crack cocaine – the sentence for possession of more than five grams of crack cocaine is increased to a minimum of five years in prison, even for those who are first-time offenders.

Manufacturing, delivering, or possessing with intent to deliver a controlled substance is a crime with escalating penalties. The severity of the penalties depends on the drug involved, the quantity of the drug, and the offenders prior criminal record. For example, a first-time offender convicted of possessing with intent to deliver 100 grams to 5 kilograms of heroin will receive a mandatory minimum sentence of five years in prison (the sentence can be as high as forty years). It is important to note that there are 3 crimes that serve as “enhancement crimes.” The sentence for these “enhancement crimes” is double or triple what it might otherwise be for distributing that particular amount and type of drug under other circumstances. The 3 enhancement crimes are:

• Distributing controlled substances to people who are under 21 years of age.
• Distributing controlled substances near a school.
• Causing people under the age of 18 to violate drug laws.

For more detailed information about federal drug trafficking penalties and Pennslyvania drug sentencing guidelines, please call our offices at 215-557-7111.

Pennsylvania Drug Sentencing Alternatives:

When it comes to drug cases, treatment is often a more appropriate sentence than jail or prison. This is because it is important to help people with their drug problem and not simply punish them. If you have been arrested for a drug-related offense, there are various treatment options. Alternatives include County Intermediate Punishment Programs, State Intermediate Punishment Programs, ARD, Section 17 and in Philadelphia, Drug Treatment Court.

Section 17

Diversion requires the defendant to enter a plea of guilty to the drug charge, but the accused is NOT sentenced (keep in mind that nothing is ever final in criminal cases until the defendant is actually sentenced). The offender must then undergo the Section 17 program, which consists of a number of classes and drug treatment. Drug testing is conducted randomly, and a “dirty” test can create new legal problems for the offender.

There are eligibility requirements that have to be met before the drug offender can be placed in Section 17. This is one of the reasons that it is important to hire a knowledgeable criminal defense lawyer for a drug charge. If the offender qualifies, this option should be made available. If diversion is completed successfully, the case is dismissed, and the defendant will have avoided conviction of the crime. This is one way to keep a criminal record clean.

Drug Treatment Court

A Drug Court is a special court that is given the responsibility of handling cases that involve drug-addicted offenders through a supervision and treatment program. Although a period of in-patient treatment is sometimes required, the case is dismissed when the program is successfully completed.

Call my Office and Speak Directly to Attorney Mitchell or one of his experienced staff. If you have any questions or would like to speak directly to an experienced criminal attorney regarding your Drug Case, please do not hesitate to call my Philadelphia office at 215-557-7111 for a FREE CONSULTATION. If you prefer, you may e-mail us and Attorney Mitchell or his experienced staff will be in touch with you as soon as possible.

Greater Philadelphia Violent Crimes Lawyer

At the Law Offices of Joseph S. Mitchell III, we handle a wide variety of violent crime cases. These are very serious offenses and require an experienced criminal defense attorney. Common violent crimes cases often involve Domestic Violence , Temporary Restraining Orders (TRO), Assault & Battery, and Attempted Murder.

Aggravated and Simple Assault Lawyer

Simple assault is causing or attempting to cause bodily injury and may also involve pointing a weapon at someone. Aggravated Assault involves causing or attempting to cause serious bodily injury or any injury to a police officer, bus driver, school official, etc. Various types of behavior are considered assault – even threats and attempts to physically injure someone come would qualify as an assault (provided the alleged assault victim was aware of the threat).

The severity of an Assault charges can vary. Attorney Joe Mitchell has experience handling Aggravated Assault & Simple Assault cases, and works to aggressively protect your rights.

Attempted Murder Attorney

In order for a person to be found guilty of attempted murder, it must be proven that the defendant acted “deliberately and intentionally or recklessly with extreme disregard for human life.” In other words, the person attempted to kill someone or did something that was a substantial step toward committing the crime. Preparation to commit the crime is not considered a substantial step toward committing a crime. In some cases, a charge of assault with a deadly weapon or an aggravated assault will be charged as an attempted murder if the injuries are serious or the potential for serious injury is great.

Attempted Murder is a very serious criminal offense. Please call our office as soon as possible to discuss your case. Attorney Joe Mitchell is an aggressive, experienced criminal lawyer that will fight for your rights.

Murder and Manslaugher Attorney

First-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or “lying in wait” for the victim. Pennsylvania also adheres to a legal concept known as the “felony murder rule,” under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies-usually arson, burglary, kidnapping, rape, and robbery.

Second-degree murder is ordinarily defined as either an intentional killing that is not premeditated or planned, or a killing caused by dangerous conduct and the offender’s obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter.

If you have been charged with a serious crime, like homicide or manslaughter, you still have constitutionally guaranteed rights. Attorney Joe Mitchell has extensive experience handling violent crimes and will ensure that police, jail, and law officials respect your rights. For further information, contact my offices at 215-557-7111.

Contact an Experienced Attorney to Help You with Your Warrant

IF YOU HAVE A WARRANT CONTACT THE LAW OFFICES OF ATTORNEY JOE MITCHELL TO DISCUSS THE SPECIFIC FACTS OF YOUR CASE AND DECIDE WHAT IS YOUR BEST COURSE OF ACTION. Please do not hesitate to call my firms Philadelphia office at 215-557-7111for a FREE CONSULTATION. If you prefer, you may e-mail the firm and Attorney Mitchell or his experienced staff will be in touch with you as soon as possible.