When a person wishes to clear their name, the last thing they want to do is wait. Obtaining a quick expungement can be crucial for individuals seeking employment, housing, state licensure, or education. Unfortunately, the expungement process can take some time before it is completed. This can depend on a number of factors.
What Factors Play A Role In The Length Of Time It Takes For An Expungement?
When a person files for an expungement in Pennsylvania, the success and length of time of the motion depends on a number of factors. Some of these factors can include:
- Eligibility: One of the ways a person's expungement can be slowed down is if they are ineligible for a filing in the first place. Pennsylvania has a number of eligibility requirements that must be met before a person may file for an expungement. Even if they file correctly, the state will deny their petition if they have not met the requirements.
- The Type of Offense: A person's petition for expungement may be under more heavily scrutinized review if they were convicted of certain types of offenses, such as violent crimes. This can extend the time that the expungement remains in processing.
- Opposition From a District Attorney: If the county's district attorney has any arguments against a person's expungement, they may take issue with a person's request for expungement and send a counter argument back.
- Errors in Filing: If a person makes any errors in their expungement filing, the paperwork may be delayed until they correct the error. In addition, they may need to start from the beginning of the process in some cases.
- Speed of the Courts: One factor that is out of a person's control during their expungement filing is the speed of the court where they conduct the filing. The courts must often process a high volume of cases, which can take up time. In addition, law enforcement agencies must be notified as well.
How Long Does An Expungement Take Before It Is Valid?
The typical expungement process can last anywhere between 4 to 6 months. This length of time, however, can depend on a person's specific case. In addition, the speed may vary depending on a person's ability to file correctly for the expungement. Errors in filing can be highly detrimental to the progress of the motion.
Pennsylvania Expungement Attorney
Filing for expungement can be a complicated and difficult process for individuals who are unfamiliar with court proceedings. While an individual may file for expungement on their own, they may encounter difficulty and frustration. Court personnel may not be able to provide adequate guidance on the subject, and if a filing is done improperly, a person can suffer delays. For this reason, it may be best to have an attorney handle these filings.
If you or a loved one is seeking an expungement in Pennsylvania, contact our Criminal Law Team today.
