Criminal Expungement Process Fill out and print form SP 4-170. Mail it to the Central Repository address as listed on the form, along with the following: Certified check or money order in the amount of $20.00 payable to: Commonwealth of Pennsylvania;
Unfortunately, some states don’t allow expungement for felonies at all. However, if the case had be thrown out or resulted in no conviction, then there may be a chance to expunge.
It’s important to be realistic about the type of crime committed and whether or not it’s even possible to be expunged. Then, following the steps provided by the court for the specific state is essential to have a successful expungement, and it may be beneficial to consider hiring a lawyer for the best results.
While it removes a particular arrest and/or conviction from an individual criminal record, the underlying object of expungement remains public. Court records and police blotters permanently document the expunged incident, and those officials integrally involved retain knowledge of the event.
To expunge a criminal record, a Petition for Expungement must be filed in the Department of Court Records, Criminal Division and granted by an order of the court from the Court of Common Pleas of Allegheny County.
You can take a free Pennsylvania expungement test at RecordGone.com to see if you are eligible for expungement. If your offense was a summary offense (minor offenses such as underage drinking, highway obstruction, and retail theft), you may be eligible to expunge your criminal record.
If you wish to file for expungement, submit a petition (Summary Cases / Court Cases) to the court of common pleas where the offense occurred. The petition requires the applicant to attach a copy of the relevant Pennsylvania State Police Criminal record(s).
You have to pay a fee of $132 per form to file, (there can also be additional fees from the county where you are filing).
Crimes Ineligible for Expungement Assault, kidnapping, sexual offenses, and crimes involving minors typically have longer sentences and are ineligible for expungement, according to Act 56 – PA General Assembly. Even if you have a conviction that is eligible for expungement, your personal history can disqualify it.
Pennsylvania state law also prohibits anyone who has been convicted of certain crimes from purchasing or possessing a firearm.
There is a $167 filing fee associated with all expungement petitions. The Clerk of Courts office will not accept petitions if the filing fee is not paid. Juvenile expungements – petition and order pursuant to Pa. R.
Generally, the only way to remove a felony or misdemeanor conviction from your record in Pennsylvania is by receiving a pardon from the Governor. These convictions cannot be expunged by a court, unless you are over 70 years old and meet other conditions.
The typical expungement process can last anywhere between 4 to 6 months.
You will need to file a petition and attach the signed pardon document from the Governor. A judge will then order that the record be expunged, and within two to six months, all records of the crime for which you received a pardon will be erased by both the court and the Pennsylvania State Police.
The expanded list of offenses that are now eligible to be expunged includes substance-related offenses such as DUI's and controlled substance and drug paraphernalia possession, as well as 2nd-degree misdemeanors such as larceny, identity theft, and reckless endangerment.
To check if your record has been sealed, you should look up your criminal record on the public court website. If your record has been sealed, it will not show up. You can look up your record on the Court of Common Pleas and Magisterial District Court websites.
If you are arrested and convicted on criminal charges, the effects you endure most often last well beyond your sentence. You are likely to lose out on employment opportunities, on certain types of loans or professional licenses and the opportunity to purchase a home. You may even be unable to join certain organizations or coach your kid’s little league team.
Even after a person has completed their sentence and terms of probation, bad marks on a juvenile record can impact you later in life. For instance, certain employers and college admissions officers may not consider you if you have a juvenile record. If you have your juvenile record sealed, you will be able to essentially “start over” in spite of your past altercations with the law. When your juvenile record is sealed that means that any record that the Department of Probation, D.A., local, county, and state police have of you will be closed off and can (usually) not be held against you thereafter. Upon a juvenile record seal, any of these or other official agencies that are contacted about you must tell the inquisitor “We have no record of that matter.” In addition, you are also legally allowed to tell anyone who asks that you have never been arrested, charged, or convicted of a crime. What many don’t know, however, is that even if you have not had your juvenile record sealed, you can still legally tell whomever is asking that you have never been convicted of a crime because a juvenile conviction is not a criminal conviction. However, if you do not have your records sealed and they are therefore viewable by those who are looking to find this information, you may lose consideration for whatever it is you are applying–be it school, a job, etc.–and employers who do background investigations will likely be able to view your juvenile record. This will almost certainly have an impact on you if you were ever convicted of felony-like crimes as a juvenile. So, you’re probably asking yourself if you can have your juvenile records sealed. The answer “yes.” With a quality juvenile offenses attorney like Gary Gerson, you can have your records sealed and no longer worry about who can access the mistakes you made as a minor.
In Pennsylvania, criminal proceedings that involve misdemeanors and felony charges can be expunged for several reasons. If you were not convicted, if the charges were dismissed or if you have successfully completed a rehabilitation program , such as ARD, you have a chance at having your crime expunged.
Who has gone through life and never made an error in judgment? Who has never been falsely accused? Exactly. Our firm recognizes this and so do the criminal courts.
Some first-time misdemeanor offenses are eligible for the ARD program. This is one way to achieve expungement. When you have successfully completed the ARD, the final step is expungement. We appreciate the desire to erase past mistakes through the process of expungement. There are many benefits that can result.
Unfortunately, you cannot completely expunge your criminal record in Pennsylvania; that is, you can only have it sealed from public view.
When a criminal record in Pennsylvania is sealed (referred to as expunged in PA), all of the information that relates to the offense in question becomes unavailable for public viewing.
Anyone can apply for a pardon in Pennsylvania. There are no definite standards for when a pardon will be given, but the majority of people who receive pardons have a record of only one minor offense that was committed at least five years ago, or a more serious offense that was committed at least ten years ago.
After researching to assist a family member with finding work, Ron realized that the information he required wasn’t reliable.
This website was created by a few folks who have personally watched their loved ones struggle to get a job due to having a felony.
Only certain crimes are eligible for expungement and usually only after a certain time period or other obligations have first been met.
In order to have your record expunged, you or your attorney must petition the court and request the removal of the conviction.
Our team of experienced and successful attorneys handle cases in which people have been accused of DUI, drug offenses, violent crimes, and homicide, ranging from misdemeanor to felony offenses. If you are looking for comprehensive and experienced criminal lawyers, we are the law firm for you.
We offer free legal consultations to anyone charged with a crime. Call us today to find out how we can help defend your rights.
Puerto Rico – All felonies, including violent ones, are available to be expunged after six months to five years, as long as DNA is provided.
Ex-felons must wait a certain amount of time after serving their sentence before they are eligible to apply for expungement. They must have completed the entire sentence agreed upon, including jail time, probation, fines, restitution, or any other consequences they were assigned.
North Dakota – Non-violent felonies can be petitioned to be sealed after three to five years, and ten years after a sentencing, violent felonies may be sealed. Ohio – Records can be sealed for one felony after one to three years. Oklahoma – If there are no prior convictions within seven years, one nonviolent felony is eligible to be expunged ...
California, Colorado, Kansas, Maryland, Massachusetts, Montana, Nevada, New Hampshire, New York, Texas, and Washington remove a felony from record after seven years. In all other states, however, a felony will be on record for life. This obviously comes with a lot of prejudice and stereotypes, making it hard to get a job, perhaps rent an apartment, ...
California – Charges may be dismissed or set aside for probationers, misdemeanants, and minor felony offenders with rights restored, but no sealing of records. Colorado – After one to five years, records can be expunged for minor felonies. Connecticut – Pardons are available often and result in erasure of the conviction.
Virgin Islands – No general authority to seal or expunge adult felony convictions. Virginia – No general authority to seal or expunge adult felony convictions. Washington – After three to five years, most felonies can be expunged.
Mississippi – It’s possible to expunge first time offenders of less serious felonies. Missouri – They allow expungement for less serious crimes, excluding violent and sex crimes, after seven years. Montana – No authority to expunge or seal adult convictions. Nebraska – No authority to expunge or seal adult convictions.