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THE PENNSYLVANIA DO-IT-YOURSELF

EXPUNGEMENT KIT

GET A PENNSYLVANIA EXPUNGEMENT

If you are seeking a Pennsylvania expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the Pennsylvania Expungement Kit is ready.

Requirement(s) to qualify for an expungement in Pennsylvania

Persons convicted of a crime may have records expunged in the following cases:

  1. An individual who is the subject of the information reaches 70 years of age and has been free of arrest or prosecution for ten years following final release from confinement or supervision; or

  2. An individual who is the subject of the information has been dead for three years.

  3. In the case of juvenile records, a person may seek expungement when

  4. the complaint or petition resulting from a complaint is dismissed;
  5. six months have elapsed since the final discharge of the person from supervision under a consent decree and no proceeding is pending;
  6. five years have elapsed since the final discharge of the person from commitment, placement, probation or any other disposition and referral and since discharge, and the person has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending;
  7. the person is 18 or older and court determines expungement is in the best interests of justice.

A person is not eligible for expungement if placed in an ARD program and victim was under the age of 18 for any of the following offenses:

  1. Section 3121 (relating to rape)
  2. Section 3122.1 (relating to statutory sexual assault).
  3. Section 3123 (relating to involuntary deviate sexual intercourse).
  4. Section 3124.1 (relating to sexual assault).
  5. Section 3125 (relating to aggravated indecent assault).
  6. Section 3126 (relating to indecent assault).
  7. Section 5902(b) (relating to prostitution and related offenses).
  8. Section 5903 (relating to obscene and other sexual materials and performances).

Additional restrictions on who can qualify for an Expungement

For juvenile records sought to be expunged under 18 Pa.C.S.A. § 9123, a court may order expunction of records upon its motion or upon the motion of a child or the parents or guardian. 30 days' notice to the district attorney must be given.

In other cases, involving adult convictions under 18 Pa.C.S.A. § 9122, the person must petition the court with jurisdiction over such records and the court must send a certified order to the agency having control over the records.

Expungements of records of arrest under Rule 320 are automatic as a matter of law after successful completion of ADR requirements. When the judge orders the dismissal of the charges against the defendant, the judge shall also order the expungement of the defendant's arrest record.

Does the law provide for sealing? What are the requirements?

Pennsylvania , pursues every possible route to criminal record cleaning on behalf of criminals who have been convicted of DAI (driving after imbibing), domestic violence, and other felonies and misdemeanors.

In many cases, criminal record cleansing is attainable through petitioning of the court. But the circumstances for expungement are limited and need to be considered before the guilty plea.

What does it mean if you have a record expunged or sealed? (i.e., can you legally deny the conviction or arrest? Does anyone have access to the sealed/expunged records? Are they destroyed?)

Expungement means:  

  1. To remove information so that there is no trace or indication that such information existed;
  2. to eliminate all identifiers which may be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or
  3. maintenance of certain information required or authorized under the provisions relating to expungement, when an individual has successfully completed the conditions of any pretrial or post trial diversion or probation program.

Criminal history record information related to the expunged offense may be expunged. Such records consist of identifiable descriptions, dates and notations of arrests, indictments, informations or other formal criminal charges and any dispositions arising therefrom.

Certain records may be retained to determine future eligibility for diversion or probation programs or to identify a person in a criminal investigation.


Records of arrest are also eligible to be expunged for persons dismissed under Rule 320.

If there is an expungement bill pending in the state legislature, briefly describe how it will change the state’s expungement law.

Pennsylvania Enactment clauses are included in each bill. The expungement bill will come into force with due amendments on such effective date.

 

For example: HB 2765 As Amended :

1. Provides that if a juvenile adjudicated delinquent for a felony sex offense or other specified offense receives a delinquency disposition involving a term of confinement, he or she is required to provide a genetic sample for DNA profiling upon intake to a juvenile detention facility or any other detention facility or institution.

2. Provides that if a juvenile charged or arrested as an adult did not have DNA samples and fingerprints taken or otherwise bypassed the State or county prison system, the court shall order the person to report to a specified prison, jail unit, juvenile facility, or other facility specified by the court to provide DNA samples and fingerprints.

Passed by House Judiciary

Committee with amendments in

June 2006; Referred to Senate

Judiciary Committee October 2006.

 

Are you eligible for a Pennsylvania Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .

Be sure to check the site often as we are in the process of adding the Expungement Kit for the State of Pennsylvania soon.

   
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