Must I attend expungement hearing?

UPDATED: Sep 30, 2022

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Must I attend expungement hearing?

I recently graduated from college and filed a request to have an underage drinking charge expunged from my record. I rec’d notice in the mail that the request was denied since the charge was only 3 years ago and there is a 5 year waiting period. However, I’ve now rec’d notice that a hearing has been scheduled in 2 weeks to review my request. I cannot attend the hearing due to beginning new employment. Is it necessary for me to attend? At this point, I am not that concerned if my request is denied since I have now obtained employment.

Asked on June 20, 2016 under Criminal Law, Pennsylvania


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you don't attend the hearing, your request will be denied; however, it appears that your request will be denied if you attend the hearing because you haven't satisfied the five year waiting period.
If you call the court clerk, ask if you can have a telephonic hearing instead of being physically present.  If you do request a hearing by telephone, ask the court clerk for the documents you need to request that hearing and the deadline prior to the hearing for filing those documents.  If you miss the filing deadline or don't file the required documents, your request for a telephonic hearing will be denied.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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