Arrests, charges and convictions can hinder a person's advancement in life, by limiting potential employers, restricting access to government aid and other important resources that may be useful. Fortunately, Pennsylvania has enacted legislation that is dedicated to expungements - the complete eradication of a criminal record. Offering this option is the state's way of helping you start anew after a prior conviction, arrest or run in with law enforcement. However, in order to successfully be granted an expungement, state residents must first meet a number of requirements.
Expungement Qualifications
If you are contemplating filing a petition for an expungement in Pennsylvania, you should be aware of specific criminal offenses that cannot ever be expunged. Individuals are not permitted to expunge the following crimes:
- Sexual assault
- Statutory sexual assault
- Rape
- Indecent assault
- Aggravated indecent assault
- Indecent exposure
- Prostitution and any related offenses
- Obscene materials and performances
Aside from not being convicted of any of the above crimes, a state resident is eligible for expungement in Pennsylvania if any of the following circumstances apply to you:
- A court order calls for an expungement
- A conviction for a summary offense, and free of arrests or convictions for 5 years following the date of that conviction
- You are at least 21 years old and have been convicted of a crime relating to the illegal purchasing and transporting of alcohol and have completed all the terms of your sentence
- You are 70 years old or older, and have not been arrested or prosecuted for 10 years after the date you were released from supervision or probation
- An individual has died, and the record may be expunged three years after the date of death
Initiating the Expungement Process
Under Pennsylvania law, a person who wishes to receive an expungement must petition the court with jurisdiction over their records. Usually this is the court where an individual was originally convicted. After correctly petitioning to the court, it will send an order to agencies holding copies of your criminal record and any related documents for expungement (if you meet all of the qualifications).
It's important to note that for individuals that are placed in Accelerated Rehabilitative Disposition Programs (ARD), or other diversion programs, an expungement may, in limited instances, be automatic upon completion. However, automatic expungement will not be permitted if the crime committed involves a minor under the age of 18, even if an individual successfully completed the program.
Pennsylvania Expungement Attorney
If you are in Pennsylvania and wish to expunge a conviction, you should consult with a knowledgeable attorney. LLF Law Firm are legal professionals who has extensive experience helping his clients get prior convictions and charges expunged. Contact them today for help.
LLF Law Firm is experienced with the expungement process throughout Pennsylvania and has helped clients statewide put past mistakes behind them.
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