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

Answers:

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

Answered 4 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.


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