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Pennsylvania Criminal Record Expungements

Pennsylvania Law allows individuals to expunge certain offenses from their records.  An expungement means that all records related to a particular arrest are deleted or destroyed. 

Pennsylvania Eligibility Requirements to Expunge Criminal Records

You are eligible to expunge your Pennsylvania criminal case if you meet one or more of the following requirements.

  • You are tried and acquitted by a jury (found not guilty); or

 

  • You receive a pardon from the Governor; or

  • You were arrested for an offense but the case was never filed or was eventually no-billed by the grand jury; or

  • You were not arrested, charged, and eventually convicted or placed on probation for any other offense related to the offense that was never filed.

    • Waiting Period to Expunge Record

      • The Statute of Limitations has expired; OR

      • You were arrested for a Class C misdemeanor and it has been at least 180 days since
        the arrest; OR

      • You were for a Class A or B misdemeanor and it has been at least one year
        since the arrest; OR

      • You were arrested for a felony and It has been at least three years since the arrest.

 

  • You were arrested for an offense that was later dismissed; or

    • You were not arrested, charged, and eventually convicted or placed on probation for any other offense related to the offense that was dismissed (This includes Class C Misdemeanor cases were an individual successfully completes a term of deferred adjudication); and

    • You were not convicted of the offense; and

    • You were not placed on any type of probation for the offense or any related offense;

    • The case is no longer pending; and
      I have been released, and the charge against me has not resulted in a final conviction,
      and is no longer pending; and

    • You did not abscond or jump bail after you were arrested for the offense; and

    • Applicable Waiting Periods.

      • Statute of Limitations for the offense has expired.  This includes any tolling period while the case was pending in court.  has run
        (See Article 12 of the Texas Code of Criminal Procedure for a complete list of the Statute if Limitations for all felonies. The Statute of Limitations for all misdemeanors is two years. The Statute of Limitations begins on the date of the alleged offense. Certain conditions may temporarily stop the Statute of Limitations.)

    • No Waiting Period.

      • Your case was dismissed after you completed an authorized pre-trial diversion program.

      • Your case was dismissed due to mistake, false information, or other similar reason indicating the absence of probable cause to believe you committed the offense or because the indictment or information was void.

      • Your Class C misdemeanor case was dismissed after the successful completion of your term of deferred adjudicated probation.

Benefits of an Expungement

  • All Records Related to the Criminal Offense Are Erased;

  • You can legally deny the existence of the Offense, even under oath;

  • You may get certain rights restored;

  • You do not have to include the offense on a job application;

  • You do not have to include the offense on an application for an apartment;

  • You no longer will have this offense on your criminal record;

  • Get a better job;

  • Qualify for loans;

  • Pass a background check;

  • Find a better place to live.

 

Expunctions were created to allow a fresh start for people who were wrongly arrested or charged with a criminal offense. An expungement is a powerful court order to law enforcement agencies and criminal record depositories to destroy all records of an arrest and prosecution. Typically, the court orders the destruction of all jail records, police reports, prosecution reports, and court files. When they cannot be destroyed, the court will order that all of your identifying information be redacted from the records. After your record is expunged, you can deny its existence. Furthermore, it is illegal for anyone to publish information related to an expunged offense.

 

If you are eligible for a Pennsylvania criminal record expungement, call an attorney who practices in the county where your case was handled. Lawyers who don’t practice in that county won’t know the local practices on some of the finer points.

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