If you have a previous conviction for the unlawful transmission of electronic mail, you may already know how challenging it can be to navigate the professional world with a criminal record. A criminal record, particularly if you have a felony, can limit your educational and professional opportunities, keep you from having a career that requires a professional license, security clearance, or criminal background check, and even keep you from volunteering in your community. Fortunately, in Pennsylvania, we believe in second chances. You may be able to clean up your criminal record by sealing it from public view.
Charges for Unlawful Transmission of Electronic Mail
While it doesn't seem like a charge for the unlawful transmission of electronic mail is serious, the consequences can be. You could face charges for unlawful transmission of electronic mail if you:
- Use a computer or network without permission to forge or falsify emails connected with transmitting unsolicited email through or into a computer network of an email provider, internet service provider, or subscribers.
- Sell, distribute, or possess with intent to sell or distribute computer software designed to enable false email transmissions or routing information with only limited commercial value for any other purpose, and
- It is marketed by you or someone else in concert with you to facilitate sending false email transmission information or other routing information.
18 Pa. Stat. § 7661. Under the statute, “electronic mail” includes facsimiles, wireless advertisements, and other electronic mail.
Penalties for Unlawful Transmission of Email in Pennsylvania
A charge for unlawfully transmitting email will have different grading depending on the specifics and severity of the offense. Typically, the unlawful transmission of electronic mail is a third-degree misdemeanor in Pennsylvania. You'll face up to one year in jail and a $2,500 fine if convicted. However, if damage happens to someone else's property valued at $2,500 or more as a result, you could face more stringent grading.
If the act was caused by “reckless disregard for the consequences” of unlawful transmission of email, you'd face a first-degree misdemeanor. If convicted, you could face a fine of up to $10,000 and up to five years in prison. If the act was “malicious,” you could face a third-degree felony. If convicted, a third-degree felony can result in up to $15,000 in fines and up to seven years in prison.
Sealing Your Record for an Unlawful Transmission of Email Charge Through Clean Slate
Until recently, many people in Pennsylvania with criminal convictions may have missed the opportunity to expunge or seal their records. They may not have known they were eligible, or they may not have been able to navigate the complex process. As a result, the Pennsylvania legislature created a new option in 2019 known as Clean Slate. Under Clean Slate, the state will now automatically seal qualifying records five to ten years after you complete your sentence. You may qualify for Clean Slate's automatic sealing if:
- You have no conviction because the state dropped the charges or a court found you not guilty,
- Your conviction is for a second or third-degree misdemeanor,
- Your conviction is for a summary offense, or
- Your conviction is for an ungraded misdemeanor punishable by no more than two years in jail.
With a qualifying third-degree misdemeanor conviction for unlawful electronic mail transmission, the state will likely automatically seal your record ten years after you complete your sentence and pay your fines.
If you have a first-degree misdemeanor or third-degree felony conviction for unlawful email transmission, you are likely ineligible for Clean Slate's automatic record sealing. However, you should discuss the matter with LLF's experienced Criminal Law Team at the LLF Law Firm. In some limited cases, you may be able to expunge your record. In others, you may be eligible to petition the court to seal your records with Act 5.
Sealing Your Pennsylvania Unlawful Transmission of Email Conviction with an Act 5 Petition
If you have a third-degree or first-degree misdemeanor conviction for unlawful transmission of electronic mail, you may still be able to seal your records under Pennsylvania's Act 5, even if you don't qualify for Clean Slate sealing. Act 5 applies to a wider range of convictions, including some first-degree misdemeanors, but it doesn't happen automatically. You will have to petition the court to seal your records. You may qualify to petition the court under Act 5 if:
- Your conviction is for a misdemeanor or ungraded offense that can be punished by no more than five years in jail, including some first-degree misdemeanor convictions.
- You wait ten years after completing your sentence, including paying your fines or completing supervision, and
- If you have any additional arrests or convictions, they aren't punishable by more than one year in jail.
Sealing a Felony Conviction for Unlawful Transmission of Electronic Mail
Unfortunately, if you have a third-degree felony conviction for unlawful transmission of electronic mail, you may not be eligible to seal your record under Clean Slate or Act 5. However, you may be able to expunge your record in limited circumstances. You should discuss your options with LLF's experienced Criminal Law Team at the LLF Law Firm.
You Need the Skilled Expungement and Sealing Team at the LLF Law Firm
If you have a conviction on your record for the unlawful transmission of electronic mail, you know how serious the consequences can be. When you're ready to try cleaning up your record through sealing or expungement, LLF's experienced Criminal Law Team at the LLF Law Firm can help. Call the LLF Law Firm today at 888-535-3686 to schedule your consultation, or contact them online.
