Getting Drug Charges Removed From Your PA Criminal History

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Last Updated on: 10th October 2023, 07:33 pm

Getting Drug Charges Removed From Your PA Criminal History

Having drug charges on your record in Pennsylvania can really hold you back from living your best life. It can prevent you from getting good jobs, renting apartments, qualifying for student loans–the list goes on. But there is hope! This article will walk you through everything you need to know about getting drug charges removed from your PA criminal record.

Expungement vs. Sealing

There are two main ways to get charges removed in PA: expungement and record sealing. Here’s a quick overview:

• Expungement completely destroys and erases the record, like it never existed.
• Sealing keeps the record but limits public access to it.

Expungement is preferred, but not all records qualify. Sealing still provides many benefits though!

Eligibility for Expungement

Only certain types of charges can be expunged in PA. Here are some key things to know:

• Summary offenses – Can be expunged after 5 years with no new arrests[4]
• Misdemeanors – Usually can NOT be expunged, with a few exceptions[4]
• Felonies – Can NOT be expunged, with very rare exceptions[1]
• ARD – Can be expunged once completed[2]
• Juvenile records – Some can be expunged[4]

As you can see, expungement eligibility is limited in PA. But sealing has much broader eligibility…

Eligibility for Sealing

Many more types of charges can be sealed in PA, including felonies. Here are some key details on eligibility:

• 10 years clean required – No arrests/convictions for 10 years[3]
• Non-violent – No convictions for violent crimes like assault
• Limited misdemeanors – No more than 4 allowed[4]
• All fines/fees paid – Must be paid off[3]

If you meet these requirements, you can petition the court to have your record sealed. Certain minor offenses may even be sealed automatically through PA’s Clean Slate law[6].

The Expungement Process

If your charge qualifies for expungement, here are the steps to make it happen[3]:

1. Get your complete criminal record from the PA State Police
2. File a petition with the court in the county of your arrest
3. Attend a hearing where the judge reviews your petition
4. If approved, the court will order agencies to expunge your record
5. Verify your record was actually expunged after the fact (can take months)

An attorney can help guide you through this process efficiently. Expect it to take 4-6 months total[4].

The Sealing Process

If your record qualifies for sealing, here is how to make it happen:

1. Get your complete PA criminal history
2. Review it to verify you meet eligibility requirements
3. File a petition with the court in your arrest county
4. Attend a hearing and answer any questions
5. If approved, the court issues a sealing order
6. Verify agencies have processed the order (can take months)

Again, an attorney is very helpful for navigating this successfully. Expect a 4-6 month timeframe as well[4].

Benefits of Expungement and Sealing

Getting your record cleared in PA provides many benefits:

• Better employment opportunities[2]
• Easier access to housing[2]
• Eligibility for student loans[2]
• Possible re-instatement of gun ownership rights[4]
• Improved immigration case if applicable[4]

Your criminal record follows you for life, limiting your potential. Expungement and sealing give you a fresh start!

Should I Disclose a Sealed or Expunged Record?

Legally, you do NOT have to disclose a sealed or expunged PA record to most employers or on applications[4]. However, for jobs requiring extensive background checks (government, military, etc), you should disclose it when asked[4]. Not disclosing is technically a federal crime when formally asked[4].

Finding Help

Trying to navigate expungement or sealing on your own is very difficult. The best way to ensure success is to work with an experienced criminal record attorney. They will review your history, advise if you qualify, and handle the entire process for you start to finish. It’s well worth the investment!

You can check out these sites to find a qualified attorney in your local PA area:

• PA Bar Association Lawyer Referral Service
• Justia Pennsylvania Expungement Lawyers
• Avvo PA Criminal Record Sealing Lawyers

Don’t let old charges keep holding you back. Take control of your future with expungement or sealing. You’ve got this!

References

1. Can I have a felony drug conviction expunged? – JD Law
2. Expungement of Criminal Records in Pennsylvania | The Fishman Firm
3. Criminal Expungement Process – Pennsylvania State Police
4. Expungements in Pennsylvania: Frequently Asked Questions – Lento Law Firm
5. Navigating Expungement and Pardons for Drug Offenses in Pennsylvania – Record Eraser
6. Eligibility – My Clean Slate PA