As a nonviolent summary offense, public drunkenness charges can be expunged in Pennsylvania. This process does not happen automatically, however: you will need to request expungement and then follow the correct procedure. It is up to a Commonwealth Court Judge to decide whether or not to accept your petition.
Our Montgomery County criminal defense lawyer can tell you more about how to request an expungement.
What Is Expungement?
Expungement is a legal process by which those who have been arrested for and/or convicted of certain crimes can clear their criminal record. Only law enforcement and the court system would have access to that record after expungement. Anyone else who runs a background check, including prospective employers and landlords, would find nothing.
Why Is Expungement Important for Those Facing Public Drunkenness Charges?
As a summary offense, public drunkenness is a very minor charge. Most of the time, people charged with public drunkenness do not even face arrest. Why is expungement so important in these kinds of cases?
As unfair as it is, a criminal record, even one that shows only minor and nonviolent crimes, can have a negative impact on your future. You may find it difficult to access the jobs and education you want, and your reputation may continue to suffer years after the fact. A single public drunkenness charge can make people think of you as an irresponsible individual who cannot control themselves.
Expunging your record can lift a huge weight off your shoulders. You can get a much-needed second chance by taking advantage of Pennsylvania’s expungement program.
What Is the Expungement Process in Pennsylvania?
You can begin the process of applying for expungement by requesting a copy of your full arrest record from the Pennsylvania State Police Central Repository. You will need to include the correct form and a copy of your ID with your request. You will also need to pay a small fee.
Once you receive your arrest record, contact the county Clerk of Courts where you were arrested. If you were arrested in Montgomery County, for example, you should speak to the Montgomery County Clerk of Courts. The expungement process may differ slightly from county to county, and they will be able to provide specific instructions on how to submit your petition to the court.
Your petition is then in the court’s hands, and you will have to wait for them to make a determination. If they accept your petition, the court will clear your record. If they do not accept your petition, we can figure out why and see if we can correct or resubmit the petition.
What Is Public Drunkenness?
A public drunkenness charge requires the police to show that two facts are true:
- You were under the influence of drugs or alcohol.
- Your actions caused others to feel distressed, annoyed, or threatened.
The arresting officer may use blood alcohol tests, such as a breathalyzer, to determine whether or not you are drunk. They may evaluate your behavior or complaints from others to decide if your behavior is disturbing enough to warrant a citation.
When and Why Can Public Drunkenness Be Expunged?
Crimes like public drunkenness can be expunged precisely because they are so minor and because the petitioner has demonstrated a commitment to following the law.
Public drunkenness is a summary offense, the lowest “level” of criminal charge that a person can face in Pennsylvania. Summary offenses are one of several types of crimes that are eligible for expungement. Other nonviolent crimes, such as underage alcohol offenses, are also eligible for expungement.
To qualify for expungement, you also need to show that you have not been charged with or convicted of any crimes since the charge that you are seeking expungement for.
What if You Faced Other Charges in Addition to Public Drunkenness?
Some individuals who are charged with public drunkenness are also charged with other, related crimes, such as disorderly conduct or criminal mischief. Some of these charges can be more serious than a summary offense, like assault or DUI.
Violent offenses like assault cannot be expunged. Even if you successfully expunge the public drunkenness charge, such charges would remain on your record. You might be able to expunge offenses like criminal mischief or even a DUI.
The more charges there are, the more complex your case may be. You could benefit from hiring a defense attorney to help you decide on the best way to handle each charge.
Can You Avoid the Need to Petition for Expungement?
Once you have been arrested or cited for a crime, you already have a criminal record. Even if you are not convicted or you are found innocent in a court of law, you will still need to apply to get the initial charge expunged. However, the lack of a conviction could make it easier for you to persuade the court to grant your petition.
How Can You Avoid a Public Drunkenness Conviction in Pennsylvania?
You can request a court hearing rather than paying the fine right away. At the hearing, your lawyer has the chance to show that at least one of the following is true in your case:
- You were not drunk.
- You were not creating a public disturbance.
- You were not a danger to yourself or others.
- The police did not follow proper procedure.
If your defense is successful, you do not have to pay the fine. Whatever the outcome, you can petition for expungement after a certain amount of time has passed.
Learn More About How to Get Your Public Drunkenness Charge Expunged
Do not underestimate the impact that even a minor crime like a summary offense can have on your record and your life. The defense attorney at McKenzie Law Firm, P.C., may be able to help you avoid a criminal conviction and then work with you to get your public drunkenness charges expunged. Call our Pennsylvania law firm today to protect your future.
