What Is an Expungement?
An expungement is a court order that erases all evidence of a specific criminal charge off one’s record – as if it never happened. Even if a charge never comes to anything, such as if it’s dropped or if you’re found not guilty, evidence of the charge, arrest, and case remains on your record, and because the information is a matter of public record, it can haunt your future. Discuss your eligibility for expungement with an experienced Lancaster expungement attorney today.
Expungements in Pennsylvania
The expungement process permanently removes information from your criminal record. This means that if a potential employer, potential landlord, or anyone else runs a background check on you, none of the evidence related to the expunged charge will be available to them.
Expunction Eligibility
To have a charge, arrest, or even a conviction – in some cases – be expunged from your record in Pennsylvania, one of the following must apply:
- The case against you was dismissed.
- The charge against you was withdrawn.
- You weren’t found guilty of the charge.
- The prosecution chose not to pursue the charge against you.
- You successfully completed all the requirements of an Accelerated Rehabilitative Disposition (ARD) program for first-time offenders.
Summary offenses can also sometimes be expunged if you haven’t faced arrest or prosecution for at least five years since your conviction. The same is also true if you’re at least 70 years old and haven’t faced arrest or prosecution for at least 10 years.
Two additional means of eligibility include:
- If you were convicted of a second-degree misdemeanor prior to turning 25 and haven’t faced an arrest or conviction in from 7 to 10 years
- If you were convicted of a third-degree misdemeanor and haven’t faced an arrest or conviction in from 7 to 10 years
There are, however, certain misdemeanor charges that can’t be expunged in the State of Pennsylvania, including:
- Second-degree assault
- Animal cruelty
- Sex offenses
The Expungement Process
The expungement process involves the following primary steps:
- Preparing the expungement, filing it in the county of record, and paying the filing and processing fees
- Waiting the 30 days that the district attorney is allowed to either consent to or oppose the petition for expungement
- Requesting a hearing – if the prosecution denies your request
- Appearing in court for your expungement hearing
If your expungement is granted, the judge will sign the expungement order, and all related records will be destroyed. From here, the Pennsylvania State Police will update their database, and within several months, the relevant information will be deleted.
Make the Call to an Experienced Lancaster Expungement Attorney Today
Stephen Grosh at the Law Office of Stephen W. Grosh is an accomplished expungement attorney who dedicates his impressive practice to fiercely defending the rights of valued clients like you – in support of brighter futures in which they’re not haunted by past mistakes. We are on your side and here to help, so please don’t delay contacting us online or call 717-435-8830 for more information about what we can do for you today.
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