PA LIMITED ACCESS ORDERS

PA LIMITED ACCESS ORDERS

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Experienced Pennsylvania Expungement Lawyers

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Thank you for visiting Lampman Law. If you think that a misdemeanor criminal conviction that is at least 10 years old is keeping you from gaining your desired employment or from reaching your full potential, we may be able to help you. Please call Lampman Law at 570-371-3737 to personally discuss your eligibility for a Limited Access Order with an experienced criminal defense attorney.

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What is a Limited Access Order?

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Limited Access Orders are court orders that “seal” certain criminal convictions while allowing criminal justice agencies and certain government agencies to access information about the conviction at issue.

Limited Access Orders are a relatively new tool to gain relief for certain criminal records. The law that created Limited Access Orders became effective on November 14, 2016. Prior to that date, the only way to mitigate a misdemeanor criminal conviction was via expungement when the individual reached age 70 and remained crime free for at least the prior to years.

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Limited Access Eligibility

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In general, Limited Access Orders only apply to certain non-violent and low-level misdemeanor convictions that have a maximum penalty of no more than two (2) years. Therefore, most ungraded misdemeanors (M), misdemeanors of the third degree (M3), and misdemeanors of the second degree (M2) are eligible.

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To be eligible, ten (10) years must pass from the time of release from confinement or supervision. Further, the offender must be free from arrest or prosecution during that 10-year period.  Finally, if an offender has been convicted of four (4) or more offenses that are each punishable by imprisonment of one (1) year, there are ineligible for a Limited Access Order.

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Examples of some eligible offenses are:

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First Offense DUIs
Subsequent DUIs (certain offenses)
Possession of Controlled Substance
Possession of Drug Paraphernalia
Thefts (certain offenses)
Bad Checks (certain offenses)

Disorderly Conduct (M3)
Harassment (M)

Recklessly Endangering Another
Simple Assault (M3)
Strangulation (certain offenses)
Transmission Explicit Images by Minor
Prostitution (certain offenses)
Open Lewdness
 

Offenses Ineligible for Limited Access Orders

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Felonies and misdemeanors of the first degree (M1) are ineligible for Limited Access Orders. Likewise, the following offenses are specifically ineligible by statute:

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• Simple Assault (M2)

• Sexual Intercourse with Animal

• Impersonating a Public Servant

• Intimidation of Witnesses or Victims

• Retaliation Against Witness, Victim or Party

• Intimidation, Retaliation or Obstruction in Child Abuse Cases

• Any Offense Requiring Sex Offender Registration

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The Value of an Expunged or Limited Access

A clean record is priceless. Here are some examples of how a Limited Access Order can remove barriers concerning:

• Employment

• Education

• Housing

• Volunteering for certain Youth Activities

• Voting (depending where you live)

• Adoption or Forster Parents (depending where you live)

• Expungements and Limited Access Orders also remove public access to all docket sheet and conviction data on Pennsylvania’s UJS Web Portal. 

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Call Now to Speak with a Pennsylvania Limited Access Lawyer

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If you have any questions after reading this article or if you want to move forward with filing a petition for Limited Access, please call Lampman Law at 570-371-3737. The call is free of charge and without pressure. We hope to hear from you today.