how to file for expungement of summary offense in pa without a lawyer

by Mr. Sammie O'Kon DVM 9 min read

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).

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).

Full Answer

Can I still expunge my summary offense?

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; Copy of government issued photo ID …

Is there DUI expungement in PA?

Mar 01, 2022 · To obtain an expungement or express entree club, you must petition for the relief in the court of park pleas for the county in which you were cited or arrested. The administrative Office of Pennsylvania Courts has blank forms available. To request a pardon for state convictions, follow the Pennsylvania Board of Pardons serve.

Can I expunge a summary offense in PA, after 5?

Pennsylvania expungement law allows people convicted of a summary offense to have their conviction expunged as long as they were not arrested or prosecuted during the five years after the conviction for the summary offense. A summary offense is not a misdemeanor or felony. Examples of summary offenses are underage drinking, retail theft and obstruction of the …

How long does expungement take in PA once filed?

Rule 490. Procedure for Obtaining Expungement in Summary Cases; Expungement Order. (1) Except as provided in Rule 320, an individual who satisfies the requirements of 18 Pa.C.S. § 9122 and 18 Pa.C.S. § 9123 (a) for expungement of a summary case may request expungement by filing a petition with the clerk of the courts of the judicial district ...

How much does it cost to expunge a summary offense in PA?

Take our online eligibility test to find out exactly how you can remove your criminal records.Summary Offense ExpungementOur Law FirmTypical Law FirmPrice*$1,295.00$1,500.00Money-Back Guarantee**100%NoPayment PlansYesNoLow-Price GuaranteeYesNo2 more rows

How can I get my record expunged for free in Pennsylvania?

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.

How long do Summary offenses stay on record in PA?

Five yearsExpungement of Summary Offense Criminal Record Five years after receiving a summary offense conviction you can take legal action to have your charges and conviction expunged from your record. You can only do this if you have not been arrested during the last five years.

How much does it cost to expunge a criminal record in Pennsylvania?

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). If you are low-income, though, you may be able to file under an “In Forma Pauperis” status, which would waive any filing fees.Dec 22, 2020

How do I get a summary offense expunged in PA?

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).Feb 24, 2022

How long does it take to get a record expunged in PA?

between 4 to 6 monthsThe typical expungement process can last anywhere between 4 to 6 months.

Is a summary offense a misdemeanor in PA?

No. A summary is not the same as a misdemeanor in Pennsylvania. A summary is considered a lesser or lower crime than a misdemeanor.Jul 14, 2020

Is a summary conviction a criminal offence?

A summary offence, also referred to as a summary conviction offence, is an offence which is resolved without a jury or indictment. It is a “less serious” offence versus its counterpart (an indictable offence) and is punishable by different sets of rules, regulations and lower sentencing guidelines.

Is a summary offence a criminal record?

However, a successful conviction on a summary offence is still considered a criminal conviction, even if it was for impaired driving or DUI, or theft under $5000, and it can still have an impact on your life.

Does your criminal record clear after 7 years?

CRIMINAL RECORDS DO NOT LAST FOREVER This means it will be as if you never had the conviction to begin with. “If you're found guilty or plead guilty to an offence, the magistrate may decide not to record a conviction.Jan 26, 2018

What crimes can be expunged in Pennsylvania?

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.Oct 23, 2020

How do I get a criminal record off my background check?

Can criminal records be cleared? In the United States, certain types of criminal records can be expunged or sealed by a judge or court. An expungement removes arrests and/or convictions from a person's criminal record entirely as if they never happened. Even a court or prosecutor cannot view a person's expunged record.Apr 15, 2020

How long does it take to get a summary conviction expunged in Pennsylvania?

Pennsylvania expungement law allows people convicted of a summary offense to have their conviction expunged as long as they were not arrested or prosecuted during the five years after the conviction for the summary offense. A summary offense is not a misdemeanor or felony.

How long does it take to get a case expunged in Pennsylvania?

The time it takes varies by court, but the typical case in Pennsylvania takes between five to seven months. We start the same day you sign up. Having handled more than 12,000 cases, we know how to get cases expunged as fast as possible. The courts operate on a first-come, first-served basis, so the sooner you start, the sooner your record is cleared.

Do you have to appear in court in Pennsylvania?

In most of Pennsylvania, you will not have to physically appear in court. You can let us handle all the work, while you track the progress of your case online. We succeed on more than 97 percent of our Pennsylvania cases. Each case is different.

What Does an Expungement Do?

An expungement erases certain arrests, charges, and/or convictions from your public criminal record. An expungement is for specific charges. If you have two separate cases and only request or receive an expungement for one, only one case gets removed.

When Can You Get an Expungement?

Title 18, Section 9122 of the Pennsylvania Code provides for specific circumstances under which you can get an expungement.

How Can You Get an Expungement?

Expungements are not automatic. You have to file a petition with the county court or courts where you were convicted.

Are Expungements Automatic?

Expungements are not automatic. In some cases, you may be able to agree to an expungement as part of a pre-trial diversion program. In that situation, the expungement paperwork is completed when the case is resolved.

How Is an Expungement Different From an ARD or Section 17?

Accelerated Rehabilitative Disposition is a special way to resolve DUI and similar cases without a conviction. Section 17 is a pre-trial diversion program for minor drug offenses such as possession of marijuana or paraphernalia. Both programs can result in you not having a conviction on your record for the charged offense.

How Is an Expungement Different From Having a Case Sealed?

An expungement goes farther than sealing a case. An expungement requires that the records are removed from most government databases. Expunged records can only be accessed in extremely limited circumstances.

What Is Clean Slate?

Clean Slate allows certain criminal history to be automatically sealed if a person has completed all sentencing requirements and not been convicted of a new felony for at least ten years after the original offense. Clean Slate only seals records. It does not expunge them.

How long does it take to get an expungement in Pennsylvania?

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.

What is ARD in Pennsylvania?

ARD allows someone to do probation without conviction. Since there is not a conviction, after successful completion of the program, the criminal history showing that the crime was charged can be erased. Section 17 Expungement in PA: Section 17 is a special diversionary program, much like ARD. It allows one to complete probation without a conviction.

What is the PACSA 9122?

This statute contains a list of what can be erased through the filing of an exp ungement petition. It is NOT meant to erase misdemeanor or felony convictions, which must be reviewed for possible record-sealing or applying for a pardon.

How long does it take to get an expungement in Pennsylvania?

After determining one’s eligibility for expungement, a background check from the Pennsylvania State Police must be ordered. A petitioner has 60 days from the time their petition with the court is filed to complete this task. A background check is one of the necessary documents required for an expungement petition to be deemed efficient. At Shubin Law, our administrative staff orders the background check at the time our client signs their petition and pays the filing fees to ensure the background check is completed in a timely manner.

How long does it take to get a criminal record expunged in Pennsylvania?

Under the Pennsylvania Criminal History Record Information Act, a person’s criminal record must be expunged if: “No disposition has been received or, upon request for criminal history record information, no disposition has been recorded in the repository within 18 months after the date of the arrest and the court of proper jurisdiction certified ...

What is expungement in law?

In essence, an expungement is a legal order that removes a record stain from the public eye and prevents access to law-enforcement agencies. Many steps are required in the expungement process, however, if you qualify, it can make a significant difference in your life and your future endeavors.

What happens when you file an expungement petition?

Once the petition is filed, the county’s District Attorney’s office is served on the petitioner’s behalf. The District Attorney’s office will review all necessary documentation and either accept or reject the expungement. They can also request a hearing before a judge to determine whether the request should be granted. However, usually grounds for objection fall under the following categories:

Does Shubin Law charge for expungement?

At Shubin Law, expungement fees are usually included in our client’s initial retainer fee. However, court filing fees are not included and are required to be paid by the client at the time of signing the expungement petition to be filed.

Can a criminal conviction be expunged?

Offenses can also be expunged if one pleads guilty or is found guilty of a summary offense, if five years pass after the case is closed completely , and if the person remains arrest and prosecution- free. However, unless an exception is identified, someone who pleads or is found guilty of a criminal charge, is not eligible for expungement.