I represented a client yesterday who was attempting to clear his record of serious felony charges that were withdrawn against him over 7 years ago. In 2004 an alleged incident occurred resulting in the charges of Rape, Involuntary Deviate Sexual Intercourse (IDSI), Indecent Assault and Simple Assault. At the Preliminary Hearing the client’s attarney at the time negotiated what would become the eventual plea agreement – 2 years probation for 2 misdemeanor counts. The client was pleased with this resolution and ultimately pled guilty to misdemeanor Indecent Assault and Simple Assault.
Fast forward to 2011. Client, who now resides out of state, is attempting to get a new job earning a six figure salary. The company conducts a background check and uncovers the charges from the 2004 incident including the more serious charges that were dismissed at the Preliminary Hearing.
He contacts my office and we file a Petition to Expunge the withdrawn charges. In the end we were able to get the agreement of the District attarney’s Office and the Judge signed our proposed order. This order will be forwarded to the State Police Central Repository and others to ensure that the client’s record will no longer include the more serious charges that had been withdrawn. Though our client had never been convicted of any felony sex charges the mere fact that he had been charged was negatively impacted his life. With this expungement in hand, he will no longer face that roadblock to employment.