Legal Question in Criminal Law in Pennsylvania

I owned a firearm and a co-worker/friend of mine wanted to purchase it.I didn't know the correct steps to take so I called the gun store from where I brought it from and when I asked how do I sell it they replied you can sell the gun yourself you just have to transfer ownership.So I sold the firearm first and planned to get together with him on a weekend because we worked different shifts to go to the gun store and complete the transfer.Before we could make the transfer final I had a bad breakup with my wife and lost contact with him.Much later the gun came up during a crime,turned out the gun was stolen from him,and was traced back to me.We went to court and the end result was on Nov 28,2012 I given 5 years probation,$733 fine,and a class3 felony.I'm currently unemployed and since then I have had over 10 job offers but as soon as they hear the class3 felony I get told the company has a policy on people with felony's.My mistake should have nothing to do with my ability to do a job but this F3 is an employment death sentence and preventing from moving on with my life.My question....Is there anything I can do like paying a higher fine,requesting additional probation,and a lifetime ban on the ability to purchase a firearm to get an expungement right away and get the felony out of my background so i can get a job somewhere.Also if I cannot how long must I wait before applying for it?


Asked on 2/03/13, 3:45 am

2 Answers from Attorneys
SAUL SEGAN SAUL H SEGAN ATTY AT LAW

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Good luck with everything.

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Answered on 2/03/13, 4:18 am
Justin Gearty Law Office of Justin C Gearty Jr

Felony charges can never be expunged from a criminal record. You essentially would have two options.. First, once you complete probation you could file for a pardon. These are very time consuming and are difficult to get, but not impossible. The second option would be to seek a modification of sentence. In general, you are already outside of the timelimits to file such a motion, however, some counties will let you file outside of the timelimits if the DA agrees. I would suggest that you consult with the attorney that represented you to see if that is an option.

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Answered on 2/03/13, 12:47 pm


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