Legal Question in Employment Law in Pennsylvania

In 2005 I had an argument with my then-girlfriend. (I am female, making it even more embarrassing -- I am sure it had something to do with the way the State Trooper handled the incident). We were on vacation at her parent's cabin about 60 miles away, and I wanted to go home -- by bicycle (my bicycle). It would have been a long trip, but I was used to riding long distances and had a helmet and proper gear. My girlfriend, Pam, attempted to stop me, dragging my bicycle in the cabin. I retrieved it and went inside to get a couple other things, at which point she attempted to run it over with her vehicle (lesbian drama is not so entertaining in person). Anyway, I got fed up and called the state police, naively assuming that they would just assist me in getting the hell out of there. (I neglected to add that I did shove her out of my way -- she tripped on a bench and went into a wall, breaking the thin layer of dry wall. I also very cruelly grabbed her breast on which she had recently undergone surgery for stage 0 breast cancer. Yes, I was a total ass also but was just trying to get away.) She ripped her shirt in front of me, telling me she was going to tell the police that I had ripped her shirt (I did not).

When the state trooper arrived (actually, much of the mayhem may have happened while awaiting his arrival -- was in a rural area, and it took him some time to get down the winding lane and even find the cabin), he took statements from both of us and issued each of us a citation for "harassment -- subject other to physical contact" -- a violation of the state code? 18, Section? 2709, Subsection? A1.

I am embarrassed by this whole incident (the then-girlfriend is now my best friend, and needless to say neither of us has engaged in such craziness before or since. I have no criminal history other than this, and I believe this is considered a summary offense. I was able to find the charge myself on line by searching the Commonwealth of Pennsylvania Web site for nontraffic offenses, although it occurred in Elk County and not my home Allegheny County.

I have been earning a Ph.D. and am about to look for a job in that field. I figured I would be proactive and obtain child abuse and criminal history clearances and the FBI clearance that is apparently now required for jobs involving contact with children (Act 33, 34, and 73 clearances). I am concerned because the State Criminal History check I performed online for $10 said it would return results immediately if no record were found, but it could take 2-4 weeks if a record were found.

My fear is that this incident from five years ago will come back to haunt me. Even though it is only a summary offense, I am pretty sure an agency would not be eager to hire a psychotherapist who was charged with "subjecting another to physical contact."

Here, finally, are my questions:

1. Is this likely to show up on a PA criminal history check?

2. If it does, what is the likelihood I could get the charge expunged? The disposition was a guilty plea (I could not take time off of work to pay it), and I paid $218.50.

3. If I do need to get it expunged, approximately how much does it cost? How do I go about doing it? How quickly can it be done?

I really don't want this to influence a career I have been trying to launch for quite some time, having spent most of my adult life in school while working to support myself!

Any information you can provide will be greatly appreciated. Thanks for your patience.

I am concerned


Asked on 6/06/10, 1:45 pm

1 Answer from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Employers may not use summaries against you (yeah, right) but licensing boards may inquire about them.

A new law allows summaries to be expunged...I believe after 5 years of no further arrests.

There is a lot of paperwork involved in getting it expunged. You should hire an attorney who does expungements in Elk County. It should likely cost a few hundred dollars.

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Answered on 6/06/10, 7:52 pm


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