Pennsylvania Expungement Attorney
Expungement is the process of destroying or removing your criminal record from any files or databases that are kept by law enforcement or court agencies. In Pennsylvania, an expungement can be accomplished by filing a petition with the court. If the petition is granted, the judge will issue an expungement order ordering certain agencies to destroy their records. This order will then be distributed to each law enforcement or court agency that was involved with your case. Each agency that receives the order should then comply and destroy their records accordingly.
Eligibility for a Pennsylvania Expungement
In Pennsylvania, a limited category of defendants are eligible to have their charges expunged. You are eligible to have your charges expunged in PA in the following situations:
- you were found NOT guilty on all charges;
- your charges were withdrawn by the prosecution;
- you successfully completed the ARD program and paid all program costs;
- you were found guilty of a SUMMARY offense and you have not been arrested or prosecuted for five years following the offense;
- you are over the age of 70 and have been free of arrest or prosecution for 10 years;
- you have been dead for 3 years;
- you have certain JUVENILE charges AND are 18 years old and the prosecution consents to expungement OR you have been off of juvenile probation supervision for a period of 5 years;
- you were pardoned from criminal charges.
The Benefits of Having Your Criminal Record Expunged
In Pennsylvania, no charge will be removed from your criminal record unless a judge issues an expungement order and the order is served on the proper agencies. If this process is not completed, your criminal history will remain on your record permanently. Many people are under the impression that charges will automatically come off of their record. This is hardly ever true. Even if you were found NOT guilty, you must go through the expungement process. There are many benefits to hiring an attorney and having your record expunged:
- Pass Criminal Background Checks when Applying for Jobs
- Become Eligible for Professional Licensures and Certificates
- Not have the Stigma of a Criminal Offense on Your Record
- Become Eligible for Student Loans, Housing Assistance
- Restore of the Right to Purchase and Possess Firearms
- Be able to Hunt and/or Received a License to Carry a Concealed Weapon
When You are NOT Eligible for Expungement
You are NOT eligible to have your Pennsylvania record expunged in the following situations:
- you were found guilty of a felony;
- you were found guilty of a misdemeanor.
No matter how much time has passed since the crime took place, in Pennsylvania you are NOT eligible to have any felony or misdemeanor charges expunged if you plead guilty. This includes minor charges such as possession of a small amount of marijuana and DUI's that were not placed in ARD.
Call Our Office to Have Your Record Expunged!
Too many times I see careers affected by old criminal backgrounds or minor charges that were eligible for expungement. Often the client was misadvised that the record would be removed by the court. Even if you have an extensive criminal background many times certain cases or charges can be removed and your criminal record can be cleaned up.
Call Jason R. Antoine, Pennsylvania Expungement lawyer at (610) 299-0295 for further assistance with your expungement. Expunging your criminal record can only help your career and life.