Pennsylvania Expungement Laws – Clearing Your Criminal Record

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Last Updated on: 7th October 2023, 05:05 pm

Clearing Your Criminal Record: Pennsylvania Expungement Laws

Having a criminal record can make life difficult. It can prevent you from getting a job, renting an apartment, or going to school. Fortunately, Pennsylvania allows people to have records of some crimes removed through a process called expungement.

This article will explain everything you need to know about expunging crimes in Pennsylvania. We’ll cover the basics of what expungement is, what crimes can be removed, and how to get your record cleared. We aim to provide helpful information in an easy to understand way.

What is Expungement?

Expungement is the process of having your criminal record sealed or erased. When a record is expunged in Pennsylvania, it’s removed from public databases so most people can’t see it. An expunged record is essentially deleted – like it never happened.

There are a few key things to know about expungement in PA:

• It’s not automatic – you must petition the court.
• It doesn’t delete all copies of your record, but it removes it from public view.
• Certain employers like law enforcement can still find expunged crimes.
• You can legally deny the expunged offense ever happened on job/school applications.

The effects of expungement are not absolute. But it effectively seals your record from most background checks, which goes a long way in overcoming a criminal past.

What Crimes Can Be Expunged in Pennsylvania?

Not all crimes are eligible for expungement. PA law only allows expungement for less serious offenses. Here are some examples of expungeable crimes:

• Summary offenses – Minor crimes like disorderly conduct, public drunkenness, etc. These can be expunged 5 years after conviction.
• Misdemeanors – More serious crimes like DUI, simple assault, retail theft, etc. Rules vary by degree.
• Non-convictions – Charges that were dismissed, withdrawn, or ended in not guilty verdict.
• Juvenile records – Most juvenile crimes can be expunged.

More serious felonies like robbery, aggravated assault, and sex crimes generally cannot be expunged. But there are exceptions – speak to a lawyer to be sure.

The full list of expungeable offenses is defined in Section 9122 and Section 9123 of PA’s criminal statutes.

How to Get Your Criminal Record Expunged in Pennsylvania

Getting an expungement in Pennsylvania involves a few key steps:

1. Verify your eligibility – Make sure the offense qualifies based on type, age, and other factors.
2. Obtain your criminal history – Get an official record from the State Police to attach to your petition.
3. File a petition – Draft and submit the expungement petition to the court in the county of your arrest.
4. Serve the petition – Deliver copies of the petition to the District Attorney’s office and any other required parties.
5. Attend your hearing – Most cases require you appear in court so the judge can approve or deny the petition.
6. Complete any additional steps – If approved, take any other actions needed to finalize the expungement.

This process can take 4-6 months and has fees around $250-300. It’s recommended to hire an expungement lawyer, but some pursue it independently.

Eligibility for Expungement in Pennsylvania

The requirements for expungement eligibility depend on the specific crime you want to remove. But there are a few rules that apply generally:

• You must wait a minimum period after conviction – usually at least 5 years.
• You cannot have any other convictions on record during the waiting period.
• All fines and restitution must be paid off first.
• You must meet probation or parole requirements if sentenced to them.

In addition to the above, some other factors like your age, the number of crimes, and their severity can impact eligibility. The best way to determine if you qualify for expungement is to consult with a criminal lawyer.

Benefits of Expunging Your Criminal Record

Getting an expungement can transform your life and open up opportunities that may have been blocked due to your criminal past. Some benefits include:

• Increased job opportunities – Many employers won’t hire people with criminal records. Expungement removes this barrier.
• Access to higher education – Colleges often deny applicants with convictions. Expungement removes your record from background checks.
• Easier access to housing – Landlords frequently deny rental applications of people with criminal histories if uncovered on background checks.
• Restoration of gun ownership rights – Certain crimes result in a ban on owning firearms. Expungement can lift this restriction.
• Improved immigration status – Crimes can negatively impact visa and green card applications. Expungement eliminates this issue.

In addition to the above practical benefits, expungement also provides emotional benefits. It gives people a clean slate and chance to move forward with their lives.

Limitations of Expungement

While expungement offers many advantages, it’s important to keep its limitations in mind:

• It doesn’t delete all copies of your record – the conviction may still show up in some databases.
• Government agencies like law enforcement can still find expunged crimes.
• Private background check companies may still uncover expunged records in some cases.
• It’s still illegal to lie about the expunged crime if asked under oath.

In most cases the expunged offense will not surface, but there’s no guarantee it stays hidden forever. Still, expungement makes finding the record much more difficult for most purposes.

Other Ways to Clear Your Record in Pennsylvania

In addition to expungement, Pennsylvania offers a few other forms of record clearing:

• • Sealing – Similar to expungement, but sealed records remain accessible to some agencies.
  • Pardons – Rarely given, but a pardon from the Governor allows expungement of some serious felonies.[1] Pardons do not erase or seal a conviction, but they do restore some rights lost as a result of a conviction.[2] For example, a pardon may restore voting rights, remove occupational licensing restrictions, and lift firearm bans.[3] Pardons also minimize the stigma of a conviction.[4] However, pardoned offenses still appear on background checks and can be considered in sentencing if an individual reoffends.[5]
  • Expungement – The process of erasing arrests and convictions from public records.[6] In Pennsylvania, expungement removes a case from background checks so it’s like it never happened. However, some agencies can still find expunged records. The requirements and process to expunge a record depend on the specific crime.

While expungement offers the most complete form of record clearing in Pennsylvania, pardons and sealing also provide relief in certain circumstances. Consulting with a lawyer is the best way to understand all options available.