Expungements in Pennsylvania. Under the authority of Pennsylvania’s statute – 18 PACSA 9122, expungements can be filed. There is a list that this statute contains that states what may be erased when filing a petition for expungement.
Expungement In PA FAQS
How Long Does An Expungement Take?
Many people are eligible for an expungement, Specifically:
- Those with charges that were dismissed, withdrawn, or nol-prossed
- Those with a summary conviction
- Those with juvenile records
- Those with ARD dispositions
- Those with a ‘Section 17’ disposition
- Those who are over 70
- Those who have been dead for three years
- Those with underage consumption convictions
- Those with convictions that have been pardoned
Someone who received ARD for one of the following offenses may not have the record expunged if the victim is under the age of 18.
- Section 3121 (relating to rape).
- Section 3122.1 (relating to
- statutory sexual assault).
- Section 3123 (relating to involuntary deviate sexual intercourse).
- Section 3124.1 (relating to sexual assault).
- Section 3125 (relating to aggravated indecent assault).
- Section 3126 (relating to indecent assault).
- Section 3127 (relating to indecent exposure).
- Section 5902(b) (relating to prostitution and related offenses).
- Section 5903 (relating to obscene and other sexual materials and performances).
Pennsylvania expungements may be filed at the County Court level. The petition can be prepared and filed within 30 days. The Court may take 30 days to review it, and the District Attorneys may wish to take a position on the petition. Once the Court signs the Order, it must be circulated to the appropriate agencies, who are supposed to respond within 30 days, although they are currently backlogged
No, Depending on which expungement is applicable. The PA District Attorney’s office may support the expungement, or oppose the expungement, or ask for a hearing after which the Court decides. Don’t go at it alone. Let us help!
The rates vary depending on the services required, but YOU can be quoted by email or a phone call.
What are expungement petitions, and what can they erase?
Expungement in Pa summary. A summary conviction may be erased from someone’s record with this petition. You have the right to get a single summary offense expunged if five years or more have passed and there are no criminal prosecutions for the five years since the summary offense. Young people are most affected by summary citations involving retail theft, harassment, disorderly conduct, and public drunkenness; these all would be eligible for expungement.
Expungement of a Juvenile Record in PA. After the offender turns 18, they can file this petition to remove felonies or misdemeanor juvenile court prosecutions after five years of no other criminal conduct or with the District Attorneys’ consent.
ARD Program Expungement. Some crimes, if it is your first offense, put you in the ARD program. This program allows a person to do probation and not receive a conviction. And since there is no conviction after completing the program successfully, the charge can be erased.
Section 17 Expungement in PA. Section 17 is a program that allows people to complete probation with no conviction, usually presented for marijuana or paraphernalia possession. Your record can be cleared if you have received section 17 disposition.
Dismissed, withdrawn, or nol-prossed charges in PA. Charges that didn’t result in a conviction may still be on your record, and they may be eligible for expungement.
Record sealing in Pa. After 10 years of law abiding behavior, non-violent misdemeanors can be sealed. Employers should be unable to find them, and they do not have to be disclosed even though the police will still be able to see the conviction.
Pardoned charges in PA. Charges become expungable if you have received a pardon from the Pennsylvania governor.
If you are over 70 years of age with a conviction in PA. Any felony or misdemeanor can be expunged if there hasn’t been criminal supervision past 10 years because seniors don’t have to go through the pardon process.