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Expunging Criminal Records in the State of Pennsylvania

 

Pennsylvania defines expungement as the removal of information so as to leave no indication or evidence of that information. Currently, the state offers a legal process whereby certain people who have been charged with certain crimes are eligible to have those crimes “expunged” from their criminal records so that no one in the public will be able to see that charges against you ever existed.

 

Why is this important? Because simply having a criminal record can make life very difficult for someone just trying to move on with their existence and provide for themselves and their family in Pennsylvania. The reason behind this is largely due to background checks that certain individuals and organizations commonly perform. Once they open up the background check on you, if you have a criminal record that is the first thing that they will see. Unfortunately, the most common uses of background checks are for potential employers and landlords, banks and credit card companies, and by organizations that offer professional licenses. Just having a criminal record can bar you from some of those things, and others are far less likely to choose you once they discover your record because it is generally perceived that criminals will be more of a risk than those without a record. Imagine not being able to get a job, find housing, or use credit cards! Having your criminal record expunged removes all of those worries.

 

What kind of information does Pennsylvania expunge?

 

Because Pennsylvania maintains some of your records for later probation or diversion programs, or to use in any potential future criminal investigations against you, regardless or whether or not the case itself has been expunged, it is important to know what kind of documentation is even eligible for expungement:

 

  • Arrest dates
  • Arrest notations
  • Indictments
  • Descriptions
  • Formal information and charges
  • Dispositions

 

Records that cannot be removed include documentation related to:

 

  • Treatment
  • Intelligence
  • Investigative information
  • Psychological evaluations
  • Medical information
  • Press releases
  • Criminal information reported by police blotters
  • Document indexes prepared by the court
  • Public information that identifies (e.g. posters, wanted ads, executive clemency announcements, fugitive announcements)

 

What kinds of cases and individuals are eligible for Pennsylvania Expungement?

 

Records of arrests that fall under Rule 320 may be eligible for expungement so long as the case was dismissed. For individuals, the rules get a bit more complicated. People eligible for expungement include:

 

  • Offenders age 70 or over who have been free of prosecution or arrest for at least 10 years since his or her supervision or release from confinement
  • Offenders who have been dead for at least three years
  • Offenders who committed a summary offense and have remained free from arrest or conviction for at least 5 years
  • Offenders who still have not either received a disposition or have not had a disposition recorded more than 18 months after the initial arrest.

 

Cases ineligible for expungement include:

 

  • statutory sexual assault
  • rape
  • involuntary deviated sexual contact
  • indecent assault
  • indecent exposure
  • aggravated indecent assault
  • prostitution, sexual materials
  • sexual performances
  • sexual assault

 

Anyone put on an ARD program for a victim under 18 years of age is also ineligible for expungement.

 

What is the expungement process in Pennsylvania?

 

If you wish for your record to be expunged, you have to petition the court that convicted you. Individuals may have their records expunged automatically if those records fall under Rule 320 and they have finished all ARD requirements. A judge is also allowed to grant expungement for a person’s record during the court proceeding if the charges have been dismissed. A Commonwealth attorney may object to this ruling. If this is the case, documents must be filed within 30 days by the judge, and a hearing will occur to determine whether the expungement will occur.

 

Before expungement can occur, the court must receive authorization and certification from the repository director. After this happens, the court can order expungement of any non-conviction information for offenses that fit the above-mentioned circumstances, as well as for convictions that fall under Section 6308, so long as the person seeking expungement is over 21 years of age. Pennsylvania Law Section 6308 covers the purchase, consumption, possession, or transportation of brewed liquor or malt beverages.

 

Once your petition for expungement has been sent and reviewed, it is up to the court whether or not to grant the petition, using as their guide the facts of the case, your personal history, and the potential benefits of expungement.


 

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