What is an expungement?
According to Pennsylvania Law, 18 Pa.C.S. § 9122, under limited circumstances individuals may obtain permission to remove criminal records from the files of the Department of Court Records, Criminal Division, and other criminal justice agencies.
Why should a record be expunged?
There are many reasons why a person may want to expunge criminal records. For example, a background check such as an Act 33/34 clearance will produce details of criminal cases that might affect future employment opportunities, the ability to be bonded or to obtain a gun permit. All criminal cases remain a matter of public record until a motion for expungement has been filed in the Department of Court Records, Criminal Division, and is granted by an order of court from the Court of Common Pleas.
What records are expungeable?
Prior to Act 134 of 2008, only non-convictions could be expunged, regardless of severity of the offense or the punishment. Non-convictions include verdict of not guilty; dismissal; withdrawal of charges, or nolle prosequi; Accelerated Rehabilitative Disposition; or Probation Without Verdict pursuant to the Controlled Substances Act.
The passage of Act 134 now allows for the expungement of a conviction for a Summary offense provided the defendant has been free of arrest or prosecution for five (5) years following the conviction for that offense.
How to begin the expungement?
Attorney McInroy can help you navigate the legal process of expungement or if you were convicted of a criminal offense and the fore ineligible to have your records expunged, you may still be eligible for a pardon.
To begin the process of expungement contact Attorney McInroy and to schedule a consultation.