In the state of Pennsylvania, getting a conviction expunged is somewhat more limited than in other states. A person may be eligible for expungement if:
- The person is at least 70 years of age and has not been arrested for 10 years following a release from prison or other supervision; or
- The person is seeking to expunge juvenile convictions and a sufficient amount of time has passed since discharge
- The person has been deceased for at least 3 years
- The charges surrounding the conviction have been dismissed
- A court orders that non-conviction data be expunged
Expungement is not available for persons who are currently undergoing a Pennsylvania alternative sentencing program known as Accelerated Rehabilitative Disposition (ARD). ARD is applied in offenses involving sexual abuse of a minor. However, upon completion of ARD requirements, arrest records are automatically expunged.
In order to have a conviction expunged in Pennsylvania, the defendant must petition the court with jurisdiction over the records. The court will then send a certifying order to the relevant agency which has control over the records. The entire expungement process generally takes 3-4 months.
Finally, even though a conviction has been expunged, a Pennsylvania court may retain certain records for limited purposes. These purposes may include determining future eligibility for probation programs, or to identify persons in further criminal investigations.
Do I need a lawyer to expunge a conviction in Pennsylvania?
Perhaps – many Pennsylvania criminal attorneys are experienced in obtaining expungement. Submit your legal situation to LegalMatch and find out if you have the favorable conditions to wipe your record clean.
