You've worked hard, you have a steady job, make good money, maybe saved a bit, and now you're ready to move to a nicer place. The problem? You got into some trouble a few years ago and have a criminal conviction on your record that seems to pop up again and again when you go to apply for some of the better rental properties. Rental agents keep bringing it up as the main reason your application is being rejected. Could expungement help you in this situation?
Expungement and Rental Background Checks
Expungement is a legal process in Pennsylvania whereby a court orders that your criminal records – of an arrest, a charge, or a conviction – be removed from the public record. If your criminal records are expunged, you are allowed by law, in most cases, to state that you were not arrested, charged, or convicted (depending on your situation). The court that handled your case is not allowed to disclose your records to private parties such as landlords who are running background checks. And while it won't completely prevent anyone from ever disclosing your past criminal history, expungement can do a lot to make sure that the usual background check processes don't pick it up when they run a check on you.
What Kinds of Records Can Be Expunged?
Not every past crime in Pennsylvania can be expunged. But many of the more minor situations that result in a criminal record can be. These include:
- Situations where you were arrested but never charged
- Cases that were charged but never tried within 18 months
- Instances where you were acquitted or the case was dismissed
- So-called “summary offenses” such as public drunkenness, disorderly conduct, loitering, shoplifting, and others
- Certain alcohol-related crimes, if you were charged when you were 18 or older and you're now over the age of 21
- Cases that were “ADR'd” – disposed of through an Accelerated Rehabilitative Disposition program
- If you're 70 or older, your conviction is over ten years old, and you have a clean record during that time
If you have questions about your particular situation, contact LLF Law Firm Criminal Defense Team to find out whether your situation may qualify for expungement.
What Do I Say About My Criminal History After It's Been Expunged?
In most cases – such as with potential landlords, employers, loan officers, schools, and state or local agencies handling licenses and other types of permit applications – you are specifically allowed by Pennsylvania's expungement law to tell them that you have not been arrested, charged, or convicted of whatever is covered by the expungement order. In addition, landlords, loan companies, and state and local agencies are not allowed to use the expunged information to deny your application.
LLF Law Firm Can Help You Get a Fresh Start
LLF Law Firm Criminal Defense Team have been helping people in Pennsylvania apply for and secure expungement orders for years. If you believe you may be entitled to have your criminal history expunged, call LLF Law Firm today at 888.535.3686, or reach out online to the LLF Law Firm Criminal Defense Team to set up a confidential consultation. It can take some months to apply for an get an expungement order, so don't delay – this is your opportunity to move forward in life with a clean slate!
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