How Long Does the Expungement Process Take in Pennsylvania?
Having a criminal record can affect your ability to get a job, secure housing, or pursue education. Fortunately, Pennsylvania offers several paths to expungement, clearing certain offenses from your record. But how long does the expungement process actually take? The answer depends on several factors, including the type of expungement you’re seeking, the county you’re filing in, and how quickly the courts and state agencies process your request. The best way to get an expungement is to hire a skilled Lancaster, PA, criminal defense lawyer from the Law Office of Stephen W. Grosh.
What Is An Expungement?
Expungement is a legal process that allows individuals to remove eligible criminal charges or convictions from their records. In Pennsylvania, not all offenses can be expunged, but common examples include: Summary offenses after five years with no new arrests, charges that were dismissed or withdrawn, cases where you were found not guilty, some juvenile records, and under certain programs (e.g., ARD), successful completion can also lead to expungement.
Timeline: How Long Does Expungement Take?
Generally, the full expungement process takes between 4 to 6 months in Pennsylvania. However, this is only an estimate and can vary significantly depending on the specifics of your case and the court system’s workload.
Here’s a general timeline to expect:
Step 1: Preparing and Filing the Petition (2–4 weeks)
- You or your attorney must gather all necessary information and file a formal petition with the Court of Common Pleas in the county where the charges were filed. This involves:
- Obtaining court records
- Drafting the petition
- Paying filing fees (if applicable)
- If you’re working with a lawyer, this step typically takes 2–4 weeks, depending on the complexity of your case and how quickly you can obtain records.
Step 2: Review by the District Attorney (30–60 days)
- After the petition is filed, the District Attorney (DA) has an opportunity to review and either approve or oppose the expungement. Some counties require a court hearing regardless of whether the DA objects.
- If the DA consents, the process usually moves more quickly. If the DA objects, a hearing is set, which can extend the timeline by another few weeks or months.
Step 3: Court Hearing (If Required)
- Not all expungements require a hearing, but if one is scheduled, it may take an additional 30–90 days, depending on the court’s calendar. At the hearing, your attorney will argue in favor of expungement, and the judge will decide whether to grant the request.
Step 4: Court Order and Dissemination (4–8 weeks)
- If the judge grants your expungement, the court will issue an order. That order must then be sent to various agencies, including the Pennsylvania State Police and the FBI, directing them to update or destroy your criminal records. This final step can take an additional 30–60 days, depending on how quickly the agencies process the paperwork.
- Factors That Can Affect the Timeline
- County backlog – Some counties are faster than others due to staff levels and caseloads.
- Objections from the DA – Opposition often triggers a hearing, which delays the process.
- Complex records – If your record is unclear, contains multiple entries, or spans multiple jurisdictions, it may take longer to sort out.
- COVID-related delays – Some courts are still working through pandemic-era backlogs.
How to Speed Up the Expungement Process
Working with an experienced criminal defense attorney from our firm can make a major difference. Our criminal defense lawyers know how to avoid common filing errors, communicate with the DA’s office, and advocate for you effectively in court. They can also track the progress of your petition and follow up if delays occur.
Want a Fresh Start? Let Us Help
If you’re ready to clear your name and move forward, the Law Office of Stephen W. Grosh is here to guide you. We’ll evaluate your eligibility, handle the paperwork, and fight for your clean record. Call us today at 717-208-4599 or contact us online to start your expungement process. The sooner you act, the sooner your record can be cleared.
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