Criminal Expungement Process
After the Pennsylvania State Police receives the court order for expungement from the Clerk of Courts signed by a Commonwealth Court judge, the record will be expunged. Any Pennsylvania attorney can represent you in court, but selecting a specialized expungement greatly increases your chances of a successful expungement. An attorney that specializes in expungement knows the rules and procedures of the Pennsylvania courts, and is able to expunge your record sooner for a lower price.
As a criminal defense attorney in Philadelphia, I help clients who need to get offenses expunged from their criminal records. Earlier last year, the Pennsylvania legislature voted on and passed Senate Bill SBwhich expanded the types of misdemeanor offenses which would be eligible for expungement.
The new law allows the expanded categories of misdemeanors to be expunged following the passage of a mandatory interval following the date of the original conviction and a requirement that there are no new violations. For example, under the prior law, an expungement would be granted in cases where the convict is 70 years or older, with no additional convictions for the 5 years prior, or if the convict has been deceased for at least 3 years.
Under the new law, those persons with 2nd and 3rd-degree misdemeanors, which do not involve violence, are able to seek the expungement so long as they have not had any other convictions within the past 10 years if the original conviction was for a 2nd-degree misdemeanor and the offender wast under 25, or 7 years in the case of a 3rd-degree misdemeanor.
A certain type of very minor offense, referred to as a summary offense, may be expunged after the passing of 5 or more years. Assault and battery offenses which have been graded as mutual-combat 3rd-degree misdemeanors are an exception to the violent offense ineligibility what are transgenic organisms used for. The specific relief offered by the new statute is similar to record sealing.
The expungement does not result in the destruction of the how to become a paralegal in ontario canada records, rather the expunged records are only available to certain government agencies such as local and federal law enforcement as well as criminal prosecutors and judges in the event of future offenses.
On expungement allows the convict to re-enter society without the stigma and prejudice which follow those with criminal records. The new law is not a magic bullet. The new statute is intended to benefit miedemeanor who have committed minor bow in their past and have truly been rehabilitated, having committed no new offenses and do not present a threat or danger to society.
A judge may deny the expungement motion after reviewing all of the pennsyovania of the case. The jn is also allowed to provide an argument to the court and to be heard if they disagree that the expungement should be granted. The modified statute should not be viewed as something which gives dangerous criminals clean slates, which they will deviously use to perpetrate new crimes on the population that is no longer able to view their criminal records. Previous Next.
View Larger Image. What the Expungement Means for Some Convicts The specific relief offered by the new statute is similar to record sealing. Relief Provided is Still Limited The new law is not a magic bullet. Related Posts. Expungement of Criminal Records in Pennsylvania. September 21st, 0 Comments. February 25th, 0 Comments. October 24th, 0 Comments.
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Qualifications for Having a Criminal Record Expunged
Jun 11, · The proper pleadings in the final expungement product include the petition itself, the proposed order, a verification form, the Pennsylvania Background check and any additional required documentation. Two types of petitions exist: a “” expungement and a “” expungement. Generally, after certain periods of time, Pennsylvania’s Clean Slate law will automatically seal: Non-convictionsConvictions for many second- and third-degree misdemeanors after 10 years without. Pennsylvania’s new misdemeanor expungement law, though with harsh limitations when compared to similar statutes in other states, is a step in the right direction for reducing the economic burdens placed upon the state by ex-convicts with very old and relatively minor offenses.
Posted by Bill Franklin. Even if you were arrested and no charges were filed, you have a criminal record for life. That record can cause you to be unfairly prejudiced when you apply for jobs or housing. A simple arrest can cause you to have a record a several state law enforcement agencies. When a person is arrested in Pennsylvania, that arrest record is transmitted to various law agencies.
The local police, county police, state police and federal government all share information about the arrest and conviction. Criminal records can haunt a person for life.
Unless the record is expunged, it can cause a lifetime of problems when doing things most people do like applying for a job or traveling abroad. See If You Are Eligible for Pennsylvania Expungement Expungement laws are often complex and determining if you are eligible for expungement is not easy. Make sure to consult a licensed attorney. Do not let anyone tell you that you are not eligible unless they are an attorney who knows Pennsylvania expungement law.
You can take a free online expungement eligibility test created by lawyers at RecordGone. Research Shows Growing Need for Expungement And Record Sealing Laws A recent study by the prestigous Pew Research firm shows that one in every 31 adults in the United States is in the corrections system, which includes jail, prison, probation and supervision, more than double the rate of a quarter century ago.
The report was released in March of The study, which said the current rate compares to one in 77 in , concluded that with declining resources, more emphasis should be put on community supervision, not jail or prison. A natural consequence of this study is that there is a need for states to have laws to allow a select few of these people to have their criminal conviction expunged or sealed. Expungement and record sealing allows deserving people to have a second second chance and can greatly reduce the likelihood that a person will reoffend.
Seek a Specialized Expungement Attorney Any Pennsylvania attorney can represent you in court, but selecting a specialized expungement greatly increases your chances of a successful expungement. An attorney that specializes in expungement knows the rules and procedures of the Pennsylvania courts, and is able to expunge your record sooner for a lower price.
We are committed to providing Pennsylvanian residents clear and concise information regarding the complex and confusing process of Expungement. Please look around and use our free information to learn more about Expungement. We work hard to get relevant expungement information to individual cities and counties. However, please keep in mind that the law may be different from county to county:. Felony and Misdemeanor Expungement for Pennsylvania. Posted by Bill Franklin Even if you were arrested and no charges were filed, you have a criminal record for life.
Pennsylvania Expungement Law is Changing Learn how you can take advantage of the new law changes in Pennsylvania. Sign up on their newletter Get involved by contacting your senator Submit your story. About Pennsylvania Expungement We are committed to providing Pennsylvanian residents clear and concise information regarding the complex and confusing process of Expungement.
Pennsylvania County Information We work hard to get relevant expungement information to individual cities and counties.