Many people who have been arrest for a criminal charge may find that the arrest on their record keeps them from achieving some of their goals in life. Perhaps it is a felony offense committed 15 years ago, or a misdemeanor shoplifting offense committed at age 18. Many criminal offenses can be expunged, or cleared from your record, giving you a fresh start free of the stigma of your previous criminal arrest. Convictions can not be expunged, however a pardon may be available in certain circumstances.
Attorney Joe Mitchell and his office staff understand that many individuals who are not career criminals nevertheless have a blemish on their criminal record. By clearing or sealing the record of the offense, you get a clean start that lets you apply for jobs that would involve background checks, apply for credit, and generally make a fresh start without a criminal record. Please take a look below at the answers to some frequently asked questions regarding clearing criminal records.
Frequently Asked Questions Regarding Expungements
(Clearing Criminal Records)
WHAT DOES A CRIMINAL RECORD CONSIST OF?
A criminal record is a history of all of your arrests and convictions. ADD: Adult Criminal Records for Pennsylvania arrests and convictions can be found online at http://ujsportal.pacourts.us.
CAN A CRIMINAL RECORD BE CLEARED, SEALED OR DESTROYED?
Yes, arrests, dismissals and not guilty verdicts can be cleared (or cleansed) from ones criminal record through a legal process known as an "Expungement." An Expungement is a process of clearing or sealing a portion ones criminal records. Convictions can only be erased through a pardon from the govenor.
WHY WOULD YOU WANT TO "EXPUNGE" OR SEAL YOUR CRIMINAL RECORD?
Having a criminal record impacts your ability to obtain credit or to get the job you want. There are other serious consequences of having a criminal conviction. For example, in todays tight economy employers are doing extensive background checks before hiring new employees. Apartment complexes often reject tenant applications based on criminal records. Criminal records can even affect your ability to obtain a professional license.
A potential employer or landlord can easily obtain your criminal record or history. Law enforcement agencies, (Police and Sheriffs departments), Court and County clerks offices, prosecutorial agencies (District Attorney, City Attorney, U.S. Attorney), and the FBI maintain criminal histories. Many of these records are now available to the general public by way of the Internet. If your criminal arrest, dismissal or not guilty verdict is sealed or expunged then you are legally allowed to say that the arrest never occurred on documents such as job applications, rental applications, or for many other purposes. An expungement gives someone a "clean slate", the opportunity to start fresh.
CAN CRIMINAL CONVICTIONS BE EXPUNGED?
No, criminal convictions can not be expunged. Any arrest not resulting in a conviction has the possibility of being expunged. Your attorney can give you the best advice on whether your arrest can be expunged.
HOW DOES THE EXPUNGEMENT PROCESS WORK?
After it is determined that you qualify for an expungement, our office prepares a petition/motion. This petition/motion is filed with the Court and a copy is sent to the appropriate prosecutors office. A hearing date is scheduled in the Court of Common Pleas in Philadelphia or the surrounding counties. At the hearing the Judge will consider the specific facts and circumstances in your case. Your record will be reviewed, or checked. In addition, the Judge will listen to the prosecutor, as well as your attorneys arguments before deciding whether or not to grant the expungement motion.
HOW LONG WILL IT TAKE TO GET YOUR RECORD EXPUNGED?
The process usually takes 2 to 4 months to complete locally. Pardons can take up to 2 years.
EXPUNGE CRIMINAL RECORDS
Contact Attorney Joe Mitchell to discuss your matter and determine whether it qualifies for an expungement. We can assist you in expunging your criminal record and you may not even have to make a court appearance. Please call us at 215-557-7111 for a FREE CONSULTATION
Contact an Experienced Attorney to Seal Your Criminal Record
If you have any questions or would like to speak directly to an experienced criminal attorney regarding clearing your criminal record (expungements and pardons), please do not hesitate to call my Philadelphia office at 215-557-7111 for a FREE CONSULTATION. If you prefer, you may e-mail us and Attorney Mitchell or his experienced staff will be in touch with you as soon as possible.
