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I recently received a disorderly conduct hazard/phys. How would I know if this is a misdemeanor? And can I get it expunged?
Anonymous4 views3 answers
I had a party where a few minors were in attendance. There was alcohol there and they originally wanted to give me a furnishing charge. They only gave me a disorderly conduct, but it shows up on a background check. I am in a field where this will keep me from employment and I want to see if I can get this off of my record.
A criminal defense attorney will be able to tell you with just a few questions, and then double check your docket to confirm. Most attorneys give a free consultation that would allow more than enough time to review your docket. The attorney will also be able to advise you about whether or not you can expunge your record.
Your question as set forth is a bit confusing. The first part where you state that you "recently received a disorderly conduct" makes it sound like you recently received a Criminal Summons in the mail containing that charge. If that is true, the Criminal Complaint or citation with indicate the grading, whether a misdemeanor or summary.Later you inquire about expungement which suggests that you have already been convicted of the offense either by guilty plea or after a trial. If you just received paperwork a close examination should reveal the grading. Disorderly conduct can be, but rarely is, graded at the misdemeanor level. Misdemeanor convictions are not eligible for expungement under current law in PA under any circumstances. Summary convictions are so eligible, but only after the passage of five years with no further problems with the criminal system. A link to an official website is provided below that will enable you to look up the answer to your question. Conduct a "participant" search from the drop-down menu and enter (exactly) the required information. Press the search button. If the charge is pending and not finally disposed of,I recommend that you get in touch with qualified criminal defense counsel who practices in Allegheny County as soon as possible. Most who participate here, myself included, will provide an initial consultation without charge to you. Good luck.
If the charging officer 'cut you a break' by 'only' charging disorderly conduct rather than furnishing alcohol to minors, this suggests to me you received a summary citation rather than a misdemeanor criminal complaint. Disorderly conduct can be either a summary or misdemeanor. You should consult with an attorney to review your paperwork to be sure.
Regardless of what it was, even a summary can show up on a background check.