Legal Question in Criminal Law in Pennsylvania
filing an application to become a notary
if my record was expunged, due to ARD, can I legally state on an application that I have never have been convicted of a crime?
3 Answers from Attorneys
Re: filing an application to become a notary
The real question is: how is the question worded. In Pa., A.R.D. is NOT a conviction. However, as you can probably guess, if they ask if you have ever been ARRESTED, you will need to answer in the affirmative; because you have.
Re: filing an application to become a notary
Unlike some other states alternative disposition programs, ARD involves no conviction. If the question regards convictions only you can honestly state No convictions.
Re: filing an application to become a notary
If it is not within the five year period preceding the application it doesn't matter anyway. If it was within the five year period the question is whether it was for an offense incompatible with the duties of a Notary Public since the issue isn't whether it's a conviction but instead whether you pled guilty or nolo contendere to the charges.
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