Limited Access Orders
Criminal Defense Attorneys in Harrisburg – (717) 775-7195
In many circumstances, the worst consequence of a criminal conviction is not jail time or fines, but instead how the conviction impacts the defendant’s reputation, personal life, and professional career. Many employers, landlords, educational institutions, and financial lenders will reject or negatively judge someone solely due to a single mark on his or her criminal record. In Pennsylvania, a limited access order can sometimes be used by convicts to hide a criminal record from most third parties that have not obtained a court warrant to view it.
At Scaringi Law, our Harrisburg criminal defense lawyers firmly believe that everyone should get a second chance and that everyone deserves to lead a normal, stress-free life. If your criminal record is following you around like a shadow, we would be happy to talk to you about limited access orders and whether or not they can be used for your case.
Pennsylvania’s Limited Access Order Laws
A limited access order is a powerful tool when it comes to cleaning up your past and preparing for the future. Not only does it stop most prying eyes from seeing your criminal record, but it also allows you to legally refuse to disclose any information regarding your criminal record. Since it is quite useful, Pennsylvania has made it somewhat difficult to obtain. To begin, the petitioner must have completed all sentencing requirements for the convictions in question no less than 10 years ago. Secondly, many criminal convictions are not eligible at all for limited access.
Pennsylvania labels 1st Degree Misdemeanors and most Felonies as ineligible for limited access, including:
- Any crime that can be punished by more than two years of imprisonment.
- Four or more offenses each punishable by at least one year of imprisonment.
- Simple assault convictions not graded as a 3rd Degree Misdemeanor.
- Impersonating a public servant.
- Intimidating or retaliating against a witness or victim of a crime.
- Crimes listed under section 18 Pa.C.S. 4958, which relate to intimidation, retaliation, or obstruction in child abuse cases.
- Any sex crime that requires registration as a sexual offender, including committing sexual acts with an animal.
How Scaringi Law Helps with Limited Access Orders
When you come to our Harrisburg criminal defense law firm for assistance with a limited access order, we will work closely with you to understand the details of your case and why the request should be deemed valid. To let you focus on other areas of your life, we can manage and file your request on your behalf. A District Attorney may be tasked by Pennsylvania to act against your case and refute your request for limited access. We have the legal know-how and insight required to deal with such opposition.
The final decision for a limited access order does fall upon a judge. Limited access orders are relatively new rights in Pennsylvania, which means judges do not have much case law on which to base their decisions. This lack of precedence grants them the ability to use their discretion however they see fit.
Since a limited access order is similar to an expungement, the judge will most likely make the following considerations before coming to a case conclusion:
- Totality of your arrest and conviction records.
- Public parties would be interested in viewing your records.
- Any case the Commonwealth may have against you.
- Your age and employment history.
- Time elapsed since your last arrest or conviction.
- Most likely consequences if your petition is denied.
Protect Your Future by Contacting Us Today
Your ability to find employment, obtain a loan, rent an apartment, and your reputation throughout your community are all jeopardized by your criminal record. Call (717) 775-7195 now to talk to a Harrisburg criminal defense attorney from Scaringi Law about limited access orders. Our top priority is helping you get your feet back on the ground, either through limited access, expungement, or even a pardon.