Expungements

Under Pennsylvania law (18 Pa. C.S.A. § 9122) an expungement of record can be obtained as follows:

1. There has been no disposition recorded in the repository (the place where criminal history information is collected) within 18 months following the individual’s date of arrest. The court that has jurisdiction of the matter must certify to the director of the repository that no disposition is available and no action is pending. An expungement of record shall not occur until certification from the court is received and the director of the repository authorizes such expungement.

2. A court order requires that such non-conviction data be expunged.

3. A person who is 21 years of age or older that has been convicted of violating Section 6308, relating to the purchase, possession, consumption or transportation of liquor, malt or brewed beverages, petitions the court in the county where the conviction occurred can seek expungement if the individual has satisfied all of the terms and conditions of the sentence imposed by the court. The court will order all records relating to the conviction to be expunged, including any Department of Transportation administrative records relating to the person’s driver’s license suspension.
In general, criminal history may be expunged when:

• The person reaches the age of 70 and has not been arrested or prosecuted for ten years after being released from supervision or confinement.
• The person has been dead for three years.
• The person petitions the court for an expungement of a summary offense and has not been arrested or prosecuted for fives ears after being convicted of the offense.

A Petition for Expungement must be filed with the Court of Common Pleas in the county where the offense occurred. A hearing will be scheduled at which time the judge will decide whether the expungement request will be granted. The court will take several factors into consideration, including how the criminal record has impacted the individual’s ability to earn a living.

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