Expungement in Pennsylvania

Can you get your record expunged? Did you complete the ARD or STOP program? Was your case dismissed? Were charges withdrawn? Plead guilty to a summary offense more than five years ago? You may not know this, but you could be eligible for expungement, which would erase any record of your arrest or charges.

What Is An Expungement?

Expungement is to essentially erase or remove something completely. Legally, an expungement is the process by which a record of criminal conviction or accusation is destroyed from the state or federal record. The drawn-up order for expungement directs the court to treat the criminal conviction or accusation as if it had never occurred, removing it from a defendant’s criminal record as well as the public record. 

Are You Eligible For Expungement?

In many cases, individuals are eligible for expungement but do not know it. The following are only some scenarios where an expungement can occur:

• All summary offenses if 5 years have elapsed from the date of completion
• DUI where the defendant completed the ARD program successfully
• Theft where the defendant completed the STOP program successfully
• Any charge that was dismissed or withdrawn, no matter the severity of the crime

While the above can be used as a basic guide to expungement eligibility, there are other scenarios where an individual can eligible that are legally more nuanced. With extensive experience in expungement work, our firm can determine your eligibility quickly to get it before Judge as soon as possible to minimize the impact it could have on your life.

Why Should I Get An Expungement?

In the state of Pennsylvania, your charges are a matter of public record, so they are visible to everyone so any record of an arrest, charge or conviction and greatly affect your life. Furthermore, every time you complete a government form, apply for a new job or rent a property, purchase a home, or decide to further your education, you will be asked if you have ever been arrested or convicted of a crime; the answer you provide will influence the outcome. An official background check will confirm the validity of your answer and even a charge that was dismissed or withdrawn may lead to an unfavorable result. If you know you are eligible for expungement which will wipe your record clean, it is useful to complete it as soon as possible so it has no effect on your life moving forward.

Simply put, you want to get an expungement because it will help you in various aspects of your life.

The Expungement Process

The expungement process can be a challenge to navigate, as there are several legal interactions with Judge’s chambers, Court administrative offices, and agencies, such as the District Attorney’s Office and State Police. It took our firm several years to cement the proper way in which this process should be completed, and we maintain relationships with each throughout the process, so everything is done swiftly and no information slips through the cracks. When we are hired to complete an expungement, we handle everything from the paperwork to the agency letters so we can ensure that everything is completed properly.

The process begins by drawing up a detailed petition and order for expungement which is reviewed by a Judge, and if acceptable, is signed and granted to move the process forward. This is a crucial step in this process, so it must be completed quickly and correctly. For individuals and firms not extensively experienced in expungement work, this is the most difficult part of the process, as a Judge will not agree to a petition or order if it is not drawn up correctly. If denied, the process must start from the very beginning, which is time-consuming and expensive. Delaying the expungement process even further puts an individual at risk as the record remains public until the expungement process is complete. Having successfully completed thousands of expungements, our firm can navigate the nuanced language and laws surrounding the expungement process to get this paperwork granted before the Judge quickly, before the paperwork is sent to Harrisburg to remove is from the public court system. However, the process is not complete just yet. 

Once returned from Harrisburg, the Office of Judicial Support prepares certified copies which must be picked up and sent to the agencies that maintain a record on file for you. Once those agencies expunge your record from their system, they send out a verification of this step. Once all the agencies have confirmed their record on you has been erased, only then is the expungement complete and no longer available for public access. 

Eligible For Expungement? Want To Know More?

Is your particular case eligible for expungement? Not sure where to begin? Contact our firm, the Benari Law Group, as soon as possible to find out and begin the expungement process. If you are in Delaware County area, contact Benari Law Group today at 610-566-1006 for a consultation.

Recent Update! Beginning in 2019, the Unified Judicial System of Pennsylvania has been removing certain cases at random from their web portal to make room on their server. This has created a lot of confusion as individuals search the online database for their charges, cannot find them, and therefore assume that their record has been expunged. This is not the case. The record is still available for the public to view and still visible on a State Police background check. If you are unsure whether your record has been expunged, we urge you to contact our firm.