You must file an expungement petition with the court of common pleas where the offense happened (Summary Cases / Court Cases) in order to have it removed from your record. The petition stipulates that the petitioner must provide a copy of the applicable Pennsylvania State Police criminal history record with the petition (s).
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Earlier last year, the Pennsylvania legislature voted on and passed Senate Bill 391 (SB 391), which expanded the types of misdemeanor offenses which would be eligible for expungement.
Most states provide a way for their residents to expunge or seal their criminal records. The method varies by state, but many jurisdictions have enacted procedures that make it easier to proceed without an attorney. Some states even provide free clinics to help guide you through the process.
The new law allows the expanded categories of misdemeanors to be expunged following the passage of a mandatory interval following the date of the original conviction and a requirement that there are no new violations.
Pennsylvania expungements can be filed at the County Court level. The petition can be prepared and filed within 30 days, the Court may take 30 days to review it, the District Attorneys may wish to take a position on the petition.
The only way a felony or misdemeanor conviction can be expunged from your record is by receiving a pardon from the Governor. Without a pardon the court can't clear such convictions unless you're more than 70 years old and can meet other conditions.
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.
Pennsylvania has expungement laws that help people who received a summary offense, Accelerated Rehabilitative Disposition (ARD) or had an arrest that did not lead to a conviction. Expungement usually takes about 4 to 6 months. Attorneys typically charge between $700 to to $1000 to expunge your record.
The only way to remove criminal history record information pertaining to pardoned convictions is to file a petition for expungement in the Court of Common Pleas in the county where the conviction occurred. For information on the pardons process, visit the Pennsylvania Board of Pardons website.
To expunge a misdemeanor case, an application or petition for expungement is filed to the court that initially handled the criminal case. The district attorney or prosecutor's office must also be served with notification of your request.
The Seven Year Rule Under federal law, the consumer reporting agencies cannot report an arrest that is over seven years old. However, they may report a conviction no matter how old it is.
The typical expungement process can last anywhere between 4 to 6 months.
for lifeA misdemeanor stays on your record for life unless you successfully petition for expungement. There is no preset “expiration date” for misdemeanor crimes. Even though misdemeanor offenses are less serious than felonies, they are still serious breaches in the eyes of the law.
Misdemeanor 1 in PA is the most serious category of misdemeanor offenses in Pennsylvania. Misdemeanor 1 is another way of saying a first-degree misdemeanor. The maximum penalties for a first-degree misdemeanor in Pennsylvania are five years in prison and a fine of up to $25,000.
In order for a person to seal their record in Pennsylvania, the must meet the following requirements:The record they wish to seal is for a 2nd or 3rd-degree misdemeanor, or an ungraded misdemeanor.They have remained free of any arrest, conviction or any other criminal proceedings for a period of at least 10 years time.More items...
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.
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.
How long does an expungement take in PA? Pennsylvania expungements can be filed at the County Court level. The petition can be prepared and filed within 30 days, the Court may take 30 days to review it, the District Attorneys may wish to take a position on the petition.
Charges that were withdrawn, dismissed or Nol-prossed in PA: Charges that were brought that did not result in a conviction may still be on your criminal history.
Convictions if you are over 70 years of age in PA: Seniors do NOT have to go through the Pardon process. Any felony or misdemeanor conviction can be expunged if there has been no criminal supervision in the preceding 10 years.
In this article, a Philadelphia expungement lawyer will answer several vital questions surrounding expungements in Pennsylvania while addressing other legal alternatives if you cannot get an expungement.
Expungement rules in Pennsylvania are explicit. In general, the following individuals are eligible for expungement in Pennsylvania:
We all make mistakes. Sometimes these severe oversights result in the filing of criminal charges. However, even if the criminal charges are dropped or dismissed, or you are found not guilty, they can still harm your future if they remain on your record.
In most cases, a court will not automatically expunge a criminal record in Pennsylvania. Therefore, you will need to hire a criminal defense lawyer to file an expungement petition on your behalf. Except in Philadelphia, there are no circumstances under which expungement is automatic.
Though the standard for expunging misdemeanors and felonies is strict, you are not without legal options. A Philadelphia criminal record expungement lawyer has the knowledge, training, and experience necessary for developing a case strategy and helping you exhaust all possibilities.
The truth is that every expungement case has unique needs. However, a general, overarching process is primarily the same for every case. The biggest challenge typically comes from proving that the expungement is allowable under current state laws, which is why many people hire legal representation.
If you have any questions about the criminal record expungement process, you should consult an experienced criminal defense attorney in Pennsylvania. Shuttleworth Law welcomes prospective clients to contact us for a Free Case Evaluation now by calling (215) 774-1371.
To file, go to the clerk of the court in the appropriate jurisdiction, pay the required fees, and submit the petition and required documentation to request a hearing before a judge. Some jurisdictions allow you to mail this paperwork to the court via certified mail.
You are also required to send copies of your paperwork and the scheduled hearing notice to several state and county agencies, such as the county prosecutor’s office. This step is time sensitive since these agencies must have advance notice of your hearing date.
For most people, it’s no surprise that any time you’re found guilty of a crime, the information lands on a written report regarding your history with the judicial system. But even if you’re eventually found innocent, the details about your arrest remain on the record. Having your criminal convictions or arrests expunged removes those details from the prying eyes of potential landlords, employers and others interested in your background. Expunction doesn’t always completely erase your past, however, since many states allow judges and law enforcement agencies to access confidential records.
The method varies by state, but many jurisdictions have enacted procedures that make it easier to proceed without an attorney. Some states even provide free clinics to help guide you through the process.
The court clerk or website for the court in the county where you were arrested can often direct you to information about necessary qualifications, as well as the appropriate forms and filing process. The clerk cannot give you legal advice regarding your case.
Earlier last year, the Pennsylvania legislature voted on and passed Senate Bill 391 (SB 391), which expanded the types of misdemeanor offenses which would be eligible for expungement. The new law allows the expanded categories of misdemeanors to be expunged following the passage of a mandatory interval following the date ...
The enhanced law replaced Pennsylvania’s prior expungement statute which was only available to a very small number of those convicted of minor misdemeanors, denying relief to one-time offenders no matter how much time had passed since the original conviction. For example, under the prior law, an expungement would be granted in cases where the convict is 70 years or older, with no additional convictions for the 5 years prior, or if the convict has been deceased for at least 3 years.
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.
Ineligible convictions include firearm and weapons offenses, sexual acts and cruelty to animals, intimidation and/or retaliation against witnesses, those offenses which require Megan’s Law registration, and any offense which carries an incarceration sentence of 2 or more years or has multiple prior convictions ...
The legislature intended that individuals convicted of low-level offenses would no longer be haunted by their criminal pasts when applying for employment and housing , thus benefiting the state’s economy and the likelihood of recidivism.
The expungement does not result in the destruction of the criminal records, rather the expunged records are only available to certain government agencies such as local and federal law enforcement as well as criminal prosecutors and judges in the event of future offenses.
Pennsylvania’s new misdemeanor expungement law, though with harsh limitations when compared to similar statutes in other states, is a step in the right direction for reducing the economic burdens placed upon the state by ex-convicts with very old and relatively minor offenses.