In Pennsylvania, you may have the charges against you expunged in the following situations:

1. you were found not guilty;
2. your charges were withdrawn by the prosecution;
3. you successfully completed the ARD program;
4. you committed a summary offense and you have not been arrested or prosecuted for the five years following the offense;
5. you are over the age of 70 and have been free of arrest or prosecution for 10 years;
6. you have been dead for 3 years.
7. you have juvenile charges.

The Benefits of Having Your Criminal Record Expunged

1. Pass Criminal Background Checks when Applying for Jobs
2. Become Eligible for Professional Licensures and Certificates
3. Not have the Stigma of a Criminal Offense on Your Record
4. Become Eligible for Student Loans, Housing Assistance
5. Restore of the Right to Possess Firearms
6. Be able to Hunt and/or Received a License to Carry a Concealed Weapon

Do not hesitate to call Jason R. Antoine, Expungement lawyer at 610.299.0295 for further assistance with your expungement. Expunging your criminal record can change your life for the better.

Expungement FAQ

How long does it take to have my record expunged?

The answer to this question varies depending on how busy the court is and how quickly the district attorney and court respond to your petition. A good rule of thumb is 2-4 months.

What are the steps in the expungement process?

1. For non-ARD cases, the first step is to obtain a copy of your criminal record. Typically this will not be a problem and your attorney will be able to obtain this information online through public records. If your case is more than fifteen (15) years old your attorney may have to go to the courthouse where you were prosecuted and pull the actual file or order an FBI background check. For ARD cases, the first step in the process is to obtain a signed Certification of Completion of ARD from your county’s adult probation office.
2. Once your criminal record is obtained your attorney will begin to draft your expungement petition. He or she will take the data from the criminal arrest record and plug it into your expungement petition. Information such as your legal name, date of birth, social security number, address, case docket number, OTN number,  Magisterial District Court number, arrest date, arresting agency, arresting officer, description of the charges, disposition of the case, and reason for expungement will be included in the petition. Most of this information can be obtained from your criminal arrest record.
3. Once your expungement petition is complete your attorney will file the expungement petition along with a proposed order, verification and certificate of service with the Clerk of Courts in the county where your arrest occurred. Typically, an original and six (6) copies will be filed. A copy will also be delivered to the District Attorney’s Office. This procedure varies from county to county. In some counties you would submit a “joinder” form to the district attorney’s office for approval before you file the petition with the court.
4. Once the petition is filed it is now a waiting game for your attorney. Most of the time the court will sign the expungement order and mail it to your attorney’s office. It can take weeks to months for the court to get back to you with a signed order. It depends how backlogged the court is. If the court does not wish to grant the expungement, it will schedule the case for an expungement hearing. Then you must appear before a Court of Common Pleas judge and argue your case. It should be noted that some counties require you and your attorney to appear at an expungement hearing in every case.
5. Once the expungement order is signed by a Court of Common Pleas judge, your attorney should then order certified copies of the expungement order from the Clerk of Courts. Typically, ten (10) to twelve (12) copies should be ordered and one provided to you.
6. Once certified copies of the court’s order are received by your attorney, the certified expungemnt orders will be sent off to the various government agencies. The government agencies that the expungement order is sent vary from county to county. Typically, expungement orders should be sent to the following government agencies:

• Clerk of Courts
• Court Administration
• Magisterial District Justice Office
• Pennsylvania State Police, Central Repository
• Arresting Police Agency
• Pennsylvania Department of Transportation
• FBI

Once the expungement orders are sent, your attorney’s job is complete. Please be advised it will take a few months for your criminal record to be completely erased. However, your expungement order may be used at any job interview as proof that you have no criminal record. Once a record is expunged it ceases to exist per Pennsylvania law.

How much will my expungement cost in lawyer’s fees?

Please contact Jason R. Antoine, Expungement Attorney for a free quote. I charge flat fees that are reasonable.

Will there be court costs involved? How much?

Yes, the court will charge you a filing fee and will charge you for each certified copy of the expungement order. You will need between 10-12 certified copies. See the chart below. Fees may be subject to change.

If I was found not guilty or charges were withdrawn, will my criminal record show up on criminal background checks?

Yes, just because your charges were withdrawn or you were found not guilty, your criminal record will still show up on a background check.
The record will tell potential employers what you were charged with and will read “not guilty” or “withdrawn” or “nolle prosequi” next to each charge. Your criminal record will also reveal identifying information such as name, date of birth and address.

I plead guilty to a summary offense; will this show up on my criminal record?

It depends. If you were fingerprinted by police at the time of your arrest the charge will show up on a criminal background check. If you were issued a citation, the summary charge will not show up on most background check databases. However, there is record of the charge at the Magisterial District Court where you were prosecuted. Certain employment positions that perform extensive background checks may be able to find out about your summary charge. If you want to apply to be a teacher, law enforcement officer, securities and exchange official, high level government official or lawyer, the hiring or licensing entities do extensive questioning and background checks. I would highly recommend that you have any evidence of this summary offense expunged and destroyed. Contact Jason R. Antoine, Expungement Lawyer for a free phone consultation.

Pardons

If you are not eligible for an expungement you may be entitled to relief by submitting an application to the Board of Pardons. The Board of Pardons handles all pardon applications. The Board is comprised of five members. Your application for a pardon will be recommended to the Governor if you receive votes from three of the five board members. If you receive three votes then your application will be sent to the Governor for approval. This process can take approximately two to four years.

What Are the Factors Considered by the Board:

The board considers the following factors when considering your application for a pardon:

1. How much time has elapsed since the commission of the crime or crimes for which you are seeking the pardon?
2. Have you complied with all court requirements?
3. Have you made positive changes to your life since the offense(s)?
4. What is the specific need for clemency (i.e. the pardon)?
5. What is the impact on the victim(s) of the offense(s)?

For more information visit the Board of Pardons website at: http://sites.state.pa.us/PA_Exec/BOP/