Lancaster Expungement and Pardons Attorney
Nobody should have their entire future destroyed over a past mistake. Even minor crimes stay on your criminal record, impeding your ability to find adequate housing, obtain a well-paying position, or have a firearm. This negative impact on your life can make anyone feel like their situation is hopeless.
At the Law Office of Stephen W. Grosh, we have assisted numerous clients through the expungement process. If you are wondering if your conviction is eligible for expungement, please reach out to our office.
What is an Expungement?
If a court orders an expungement, any information related to your arrest or conviction is erased. It is a way for an individual with a criminal history to “wipe the slate clean.” The records pertaining to a specific offense will be destroyed, meaning that the police and court will not have access. Expungement proceedings occur in state court, and the state of Pennsylvania is no exception.
Crimes Eligible for Expungement
Each state has its own laws regarding which offenses are eligible for expungement. In accordance with the Pennsylvania statute, a criminal record will be expunged under the following circumstances:
- No final case outcome has been received or recorded within 18 months of the defendant’s arrest;
- A court order requires that non-conviction data be expunged;
- A defendant has been issued an unconditional pardon;
- A defendant at least 21 years of age petitions the Court of Common Pleas for an expungement regarding conviction for the possession or transportation of alcohol;
- An individual has been acquitted of criminal charges related to a specific offense
- An individual reaches 70 years of age and has no arrest or conviction record in the past ten years following a final release from prison or upon completion of probation or parole
- An individual has been deceased for three years
- An individual who committed a summary offense has had a clear criminal record for at least five years.
Crimes Ineligible for Expungement
If you do not meet the above-listed criteria, are convicted of a first-degree felony, or are convicted of a sexual or violent offense, then you will be ineligible for expungement.
Recently, the state expanded the Clean Slate Initiative, allowing those who were convicted of felony drug charges to have their record sealed automatically after 10 years. It also allows theft and forgery convictions to be sealed after ten years by petition. To qualify, you must have no subsequent convictions following the termination of your sentence.
Applying for Clemency
Clemency, or a pardon, can only be granted by a state governor. In being granted a pardon, the Governor is forgiving you for the crime committed. An individual who is pardoned will receive an automatic expungement.
If you committed a minor crime, you must have completed your sentence, probation, or parole at least five years ago. If you committed a serious crime, you will be eligible for a pardon ten years after the completion of your sentence.
A pardon is only granted to those who put in an application through the Board of Pardons office. After your application is complete, a copy of it will be sent to the Board of Probation and Parole, the Department of Corrections, and the District Attorney/President Judge in the county where the crime was committed.
If your application is considered, the Board will conduct several hearings. During these, your case will be presented by your attorney. At the conclusion of these hearings, The Board of Pardons will hold a public vote. If the Board recommends you be pardoned, the Governor can choose to approve or disprove the Board’s recommendation.
Benefits of Obtaining a Pardon
A pardon can be life changing. Your conviction will no longer be visible on a background check, meaning that you will be given the same opportunities as someone who has no criminal history. It will give you back your civil rights, including restoring your gun rights.
Since background checks are used by employers, with no trace of a past offense, various employment opportunities will be available to you. Additionally, it will be simpler to secure suitable housing, improving both your home and work life.
Reach Out to Our Lancaster Expungement and Pardons Attorney
Having a criminal record can severely impact your future. Each year, expungement provides ex-convicts with a new lease on life. If you are ready for a clean slate, now is the time to contact our office. To schedule a meeting with our Lancaster expungement and pardons attorney, contact us by phone or by completing our online intake form.
Practice Areas