Legal Question in Criminal Law in Pennsylvania

Disorderly Conduct

A friend of mine was at a concert and was observed smoking marijuana by a police officer. She was given a $10 citation and cited under the disorderly conduct statute Chapter 35 Sec. 5510(a)(4) of the PA Crimes Code. In the note of the citation - the officer described what the disorderly condcut was - smoking marijuana. I would assume that since she was cited as disorderly conduct - it's a summary offense only. My question is: ''Will it be noted in her permanent record that she was smoking marijuana - or just that she had a disorderly conduct?'' She is a professional and needs to renew her license each year so she wanted to see if it's necessary to go to court to try to get this expunged - or just pay the $10 fine.

Thank you for the help


Asked on 8/02/06, 12:35 pm

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: Disorderly Conduct

What she should do is have a lawyer see if the officer will write a new citation for the same offense that she could plead guilty to to avoid any possibility of trackback. I offer free consultations.

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Answered on 8/02/06, 1:35 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Disorderly Conduct

While I agree with Atty. Johns, she should also understand that the officer already gave her a break. She could have been arrested for possession of a small amount of marijuana and possession of paraphernalia (both misdemeanors). And, the maximum fine for disorderly conduct (summary) is $300.

Summary offenses are not found on criminal record checks, but they can be found. So, I would do what Atty. Johns suggests, but tread lightly. You could get hit with the more serious charges or a much higher fine for the 'new' DC.

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Answered on 8/03/06, 12:40 am


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