Can You Seal a Criminal Record for Invasion of Privacy?

People make mistakes, especially at young ages. If you have a conviction for invasion of privacy on your record in Pennsylvania, you may already understand just how a youthful mistake can impact the rest of your life. A criminal conviction can keep you from your educational and professional aspirations, limit your ability to obtain scholarships, work as a teacher or other licensed professional, and even volunteer in the community. Fortunately, Pennsylvania believes in second chances, so you have options to clean up your record.

Charges for Invasion of Privacy in Pennsylvania

Under Pennsylvania law, you can face charges for invasion of privacy if you:

  • View, photograph, videotape, electronically depict, film, or otherwise record “another person without that person's knowledge and consent while that person is in a state of full or partial nudity and is in a place where that person would have a reasonable expectation of privacy.”
  • Photograph, videotape, electronically depict, film or otherwise record or personally view “the intimate parts, whether or not covered by clothing, of another person without that person's knowledge and consent and which intimate parts that person does not intend to be visible by normal public observation.”
  • Transfer or transmit an image obtained in violation of the above or “by live or recorded telephone message, electronic mail or the Internet or by any other transfer of the medium on which the image is stored.”

18 Pa. Stat. § 7507.1 (2005).

However, under the statute, the invasion of privacy must be “for the purpose of arousing or gratifying the sexual desire of any person.” “Full or partial nudity” means a display of any part of the genitals, nipples, or buttocks, while “intimate part” includes the same parts of the human body. A place where a person would “have an expectation of privacy” includes “A location where a reasonable person would believe that he could disrobe in privacy without being concerned that his undressing was being viewed, photographed or filmed by another.”

You can also face separate violations for each victim, even if your actions are part of the same scheme or course of conduct or if the same person is a victim on more than one occasion during a separate course of conduct. The statute of limitations is typically two years unless the victim was unaware of the conduct. In that case, the statute of limitations is three years from the date the victim learns of the invasion of privacy.

Penalties for Invasion of Privacy in Pennsylvania

Typically, invasion of privacy is a third-degree misdemeanor in Pennsylvania, punishable by up to one year in jail and a $2,500 fine. However, if there is more than one violation, it will be a second-degree misdemeanor. A conviction for a second-degree misdemeanor in Pennsylvania is punishable by up to two years in jail and a $5,000 fine. If you'd like to seal your record for invasion of privacy, the severity of the charge may affect the method you can use.

Sealing Your Record for Invasion of Privacy Under Clean Slate

Sealing your record in Pennsylvania can be a good option to hide your record from public view. The records will still exist but will no longer be easily accessible to the public. However, until recently, figuring out how to seal a record could be challenging. As a result, many eligible people didn't seal or expunge their records. Fortunately, the Pennsylvania legislature responded with new Clean Slate legislation. Under Clean Slate, the state will now automatically seal your record after five to ten years if you qualify. You may qualify for automatic sealing if:

  • Your conviction is for a summary offense,
  • Your conviction is for a second or third-degree misdemeanor,
  • Your conviction is for an ungraded misdemeanor punishable by no more than two years in jail,
  • Your charge was dismissed, or
  • You were found not guilty.

The waiting period for a third-degree misdemeanor conviction for invasion of privacy is ten years under Clean Slate. However, the state will automatically seal summary offense convictions after only five years.

Sealing Your Invasion of Privacy Conviction with an Act 5 Petition

You have other options under Pennsylvania law if you aren't eligible for Clean Slate's automatic sealing. You may also petition the court to seal your record under Act 5. While Act 5 sealing is not automatic, it covers a wider range of convictions and scenarios than Clean Slate. You may be eligible to petition the court to seal your record under Act 5 if:

  • It's been at least ten years since you completed your sentence, including paying all fines,
  • If you have any additional arrests or convictions, they are for crimes not punishable by more than a year in jail, and
  • Your conviction was for a misdemeanor or ungraded offense punishable by no more than five years in prison.

If you were a juvenile at the time of your conviction for invasion of privacy, you may be eligible to seal or expunge your record once you turn 18. However, the length of time you must wait and your eligibility will depend on the severity of the charge. That's why you need an attorney and the skilled Criminal Defense Team at the LLF Law Firm on your side.

You Need the Expungement and Sealing Team at the LLF Law Firm

If you have a record for invasion of privacy in Pennsylvania, it may be time to consider cleaning up your record with an experienced sealing and expungement attorney. The skilled Criminal Defense Team at the LLF Law Firm have helped thousands of Pennsylvanians through the process of sealing and expungement, and they can help you too. Give the LLF Law Firm a call at 888-535-3686 to schedule a consultation, or contact them online today.

Contact Us Today!

The LLF Law Firm Team has decades of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the LLF Law Firm today! Our Criminal Defense Team will go above and beyond the needs of any client, and will fight until the final bell rings.

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