How to Expunge Your Pennsylvania Criminal Record
If you have a criminal record in Pennsylvania, you might feel like it’s a cloud that follows you everywhere. It can impact your ability to get a job, rent an apartment, or even apply for certain licenses. The good news is that Pennsylvania law provides options to expunge, or clear, your criminal record in certain situations. By doing so, you could start fresh, free from the limitations caused by your past mistakes.
This guide explains what expungement is, who qualifies for it, the steps involved, and why working with an experienced attorney is critical to successfully clearing your record.
What Is Expungement?
Expungement is the legal process of erasing or removing criminal charges or convictions from your record. Once a criminal record is expunged, it’s as if the offense never occurred. This means most employers, landlords, and others running a background check won’t see the expunged information.
However, keep in mind that the expungement process doesn’t automatically happen—you need to petition the court for approval, and strict criteria determine eligibility.
Who Qualifies for Expungement in Pennsylvania?
Not all criminal records can be expunged in Pennsylvania, but under certain circumstances, you may qualify. Below are some examples of situations and cases that might be eligible for expungement.
Summary Offenses
A summary offense is a minor criminal charge, such as disorderly conduct or underage drinking. If you were convicted of a summary offense and have been arrest-free for at least five years, you may petition to get your record expunged.
Underage Drinking Convictions
Pennsylvania allows individuals convicted of underage drinking to have their records cleared if they meet the following criteria:
- The conviction happened after their 18th birthday.
- The individual has turned 21 and fulfilled any penalties, such as paying fines or completing community service.
First-Time Drug Offenses
If you were convicted of a first-time drug-related offense and completed Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program, you may be eligible for expungement. The ARD program is designed to allow first-time offenders to avoid convictions by successfully completing probation and rehabilitation steps.
Non-Conviction Records
Sometimes, charges are dismissed, withdrawn, or result in a “not guilty” verdict. While these records don’t show a conviction, they can still appear on your criminal history. Pennsylvania law allows individuals in these cases to request automatic expungement after 18 months, but you may choose to expedite the process by filing for expungement sooner.
Cases of Older Adults
Individuals who are 70 years old or older and have been conviction-free for the past 10 years (since completing their sentence) may request to have their criminal records expunged.
Unique Situations
Expungement may also be available in specific cases, such as probation violations without a verdict or situations where the individual passed away three or more years ago.
Important Note: Felony convictions and certain crimes, such as sexual assault or kidnapping, generally cannot be expunged. Consulting with an attorney can help clarify your eligibility based on the specifics of your case.
Steps to Expunge Your Criminal Record
The expungement process in Pennsylvania involves multiple steps and requires attention to detail. Below is an overview of the process.
1. Review Your Eligibility
The first step is determining whether you’re eligible for expungement. This involves reviewing Pennsylvania’s eligibility rules and understanding how they apply to your case. An attorney can help evaluate your records and confirm whether expungement is an option.
2. Obtain Your Criminal History
Before filing for an expungement, you need a full copy of your criminal history. You can request this record from the Pennsylvania State Police. It’s essential to cross-check your history to ensure accuracy when preparing your petition.
3. File a Petition
Expungement begins with filing a petition in the Court of Common Pleas in the county where the offense occurred. The petition must include details such as the case number, your charges, dates, and the reasons you’re seeking expungement.
4. Notify Relevant Agencies
Once your petition is submitted, the court will notify relevant parties, such as police departments and prosecutors. These agencies have the chance to challenge your request.
5. Attend a Hearing (if Necessary)
A court hearing might be required to determine the outcome of your petition. During the hearing, the judge will listen to your case and any opposing arguments. Your attorney can provide strong representation to improve your chances of success.
6. Expungement Order Issued
If the court rules in your favor, an expungement order will be issued. This order directs law enforcement agencies to erase your record. Completing the paperwork from this stage ensures the record is fully removed.
Benefits of Expunging Your Criminal Record
Clearing your criminal record can have a major impact on your life. Here’s how an expungement can make a difference for you.
Improved Employment Opportunities
A criminal record can be a red flag for employers, even for positions that don’t relate to your offense. Expungement removes these barriers, allowing you to confidently pursue job opportunities without worrying about background checks.
Housing Flexibility
Landlords often screen applicants for criminal histories. Expungement means your record won’t raise concerns when applying for a rental or mortgage.
Restored Rights and Privileges
Expungement may restore certain rights restricted by a criminal record, such as the ability to own firearms or apply for professional licenses.
Peace of Mind
Expungement helps you leave your past behind and move forward with a clean slate. You’ll no longer have to relive mistakes every time your record is scrutinized.
Why You Need an Experienced Attorney
While expungement provides numerous benefits, the process is far from simple. Pennsylvania has strict rules on eligibility, documentation, and deadlines. Errors in your filing or overlooking any requirements could delay or jeopardize your case.
An experienced attorney can guide you through the complex legal system, increasing your chances of a successful expungement. At Ciccarelli Law Offices, our criminal defense team has extensive knowledge of Pennsylvania expungement laws. We’ll handle every aspect of your case, from determining eligibility to filing your petition and representing you in court if necessary.
Take the First Step Toward a Fresh Start
Your criminal record doesn’t have to define your future. Expungement provides a powerful tool to wipe the slate clean and reclaim the opportunities you deserve.
Contact Ciccarelli Law Offices today to speak with a Pennsylvania expungement attorney. Our team is ready to help you through every step of the process. Call us at (877) 529-2422 or request a free consultation online.
Don’t wait—start your path toward a brighter future now.