Expunging a Criminal Record in Pennsylvania

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Expunging a Criminal Record

You made a mistake when you were young and foolish and it’s haunted you for years. You have a criminal record as a result and it’s been difficult to get ahead, as you face challenges getting a job, obtaining aid for higher education and even getting a decent place to live. It may be time to consider filing the appropriate application to “expunge” or seal your criminal record.

Qualifying for Expunction of Your Criminal Record

For most of the state’s history, Pennsylvania has only allowed expunction of “non-convictions,” which included dismissal or withdrawal of charges, acquittal by a judge or jury, accelerated rehabilitative disposition and probation without a verdict for certain drug offenses.

In 2008, though, the legislature expanded the scope of expunction, allowing individuals to seek to have records related to a summary offense sealed, provided the person had been free from arrest or prosecution for a minimum of five years following the prior conviction. To successfully expunge such a record, you must file the following documents with the court:

  • A certified criminal records check from the Pennsylvania State Police showing that you have not been arrested, charged or convicted of any crime for a minimum of five years since the conviction for the offense you seek to have expunged.
  • A certified copy of your criminal records showing that you have paid all costs, fines and restitution for any conviction.

You can still seek to expunge any “non-convictions,” but efforts to seal any record that resulted in a guilty plea, verdict or a plea of no contest require that the governor of Pennsylvania grant a pardon.

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have provided thorough and effective legal counsel to clients throughout Delaware County in Pennsylvania since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online

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Expungement of a Criminal Record in Pennsylvania

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Sealing or Expunging a Criminal Record in Pennsylvania

A criminal record can follow you around for years, making it difficult to find the job you want, to get credit, or to live where you want to live. If you qualify, however, you can have your criminal record expunged, or sealed, so that it may only be viewed “by law enforcement officers acting in the lawful performance of their duties” or during the application process if you seek employment with a law enforcement agency. What are the requirements to be eligible for expungement, and how does the process work?

Under the Delaware Code, there are three specific situations where a criminal record can be expunged:

  • If you are acquitted at trial
  • If the state enters a notice that it is dropping the charges
  • If the court dismisses the charges against you

A criminal record may only be expunged if there are no convictions on your record. If you have an old conviction, you will not be able to pursue expungement.

If any of the above results occur, you may file a Petition for Expungement with the Superior Court, asking that your records be sealed. Once you file, the court must either take the matter under consideration within 30 days (for juvenile offenses) or the district attorney must file objections within 30 days, and request a hearing. The decision to expunge or seal your records is still at the discretion of the Superior Court. If the court agrees and enters an order to expunge your record, all copies of your criminal record are supposed to be destroyed or erased from any database, with the exception of one copy, which remains on file, but sealed, with the Supervisor of the State Bureau of Identification.

Once you have determined that you qualify, you should file your petition as soon as possible, so that it is not accessible to potential employers, landlords or creditors. It is always good practice to verify that your criminal record has in fact been sealed. Your attorney can help you do this.

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of individuals throughout Pennsylvania since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.

Personal Service | Dedicated Advocacy | Cutting Edge Technology