Legal Law

How to Expunge or Expunge Pennsylvania Adult Criminal Records

A criminal record can have a very serious negative impact on your life. It can damage your reputation, decrease your earning capacity, prevent you from getting licenses or certifications in certain professions (for example, lawyer or teacher), or prevent you from having a job. As far as possible, if you have such a record, you should delete it as soon as possible.

In Pennsylvania, to have adult criminal records expunged, the person must file a Petition for Expungement with the Court of Common Pleas for the county in which the crimes occurred. At the time the petition is filed, a hearing is scheduled before a judge who will determine if the cancellation request should be granted.

With two exceptions, only non-conviction data can be deleted. Non-conviction data includes:

1. Arrest records showing no disposition after 18 months and the court of appropriate jurisdiction certifying that no action is pending.

2. Cases that were dismissed or discharged due to lack of evidence or lack of prosecution or because there was no finding of guilt after trial.

3. Cases that were dismissed or discharged because the offender satisfactorily complied with the terms and conditions of certain pretrial dispositions, such as the ARD (Accelerated Rehabilitation Disposition) program.

Conviction data may be deleted when the offender is 70 years old and has been free from arrest for at least ten years after their final release from supervision. It can also be deleted when the offender has been deceased for at least three years.

In determining whether to grant the request for expungement, the court will consider many factors. These include damage to the individual’s reputation, their future livelihood and earning capacity, the nature and seriousness of the crime, the individual’s criminal record, and the state’s interest in preserving the record to protect the public.

State law specifically prohibits courts from expunging records, even if the offender has satisfactorily complied with the terms of the ARD in cases in which they have been charged with certain sexual assault or related offenses against victims under the age of 18.

The expungement order will be forwarded immediately to the Pennsylvania State Police Central Repository for Criminal Records Information in Harrisburg, Pa. This agency will disseminate the expungement order to all other agencies that have previously received the information that is the subject of the order. .

It is important to have complete and accurate criminal history information when you apply. The Petition and Proposed Expungement Order are required by law to contain information such as the subject’s name, date of birth, social security number, crimes the subject was charged with, case file number, monitoring of the crime and the disposition of the box. If this information is not contained in the Petition, the Court will dismiss it.

Leave a Reply

Your email address will not be published. Required fields are marked *