EXPUNGEMENT OF CRIMINAL RECORDS

EXPUNGEMENT OF CRIMINAL RECORDS

Records of a criminal conviction can haunt you for the rest of your life. From applications to educational institutions, the military and professional licensures to background checks for a new job, having a criminal history can negatively impact your chances of achieving your goals and advancing your career throughout your lifetime. Fortunately, under certain circumstances, there are options to expunge and/or seal your criminal records from being accessed by the public, prospective employers and even law enforcement.

Expungement

When the court orders the expungement of criminal records, various entities are court ordered to destroy records including fingerprints, arrest warrants, photographs and other court documents. The order should include any and all entities that retain such records including, but not limited to, the arresting police department, the district attorney’s office, the Pennsylvania State Police, jails, probation departments, the magistrate’s office, the county court and the Administrative Offices of Pennsylvania Courts.

Under Pennsylvania law, there are various circumstances that afford the right to expungement. These include:

  • No disposition of the case was entered;
  • A person 21 years of age or older who has been convicted of a violation of section 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages), which occurred on or after the day the person attained 18 years of age;
  • A judicial determination has been made that a person is acquitted of an offense;
  • An individual reaches 70 years of age and has been free of arrest or prosecution for ten years following final release from confinement or supervision;
  • An individual has been dead for three years;
  • An individual petitions the court for the expungement of a summary offense and has been free of arrest or prosecution for five years following the conviction for that offense; or
  • A court order requires that such non conviction data be expunged.

Pardons

In the event your charges do not meet the criteria for an expungement, you may be able to pursue expungement after receiving a pardon from the governor’s office. For example, charges for more serious offenses are not expugnable, even if dismissed pursuant to accelerated rehabilitative disposition (ARD) unless a pardon is received. These include:

  • Section 3121 (relating to rape).
  • Section 3122.1 (relating to statutory sexual assault).
  • Section 3123 (relating to involuntary deviate sexual intercourse).
  • Section 3124.1 (relating to sexual assault).
  • Section 3125 (relating to aggravated indecent assault).
  • Section 3126 (relating to indecent assault).
  • Section 3127 (relating to indecent exposure).
  • Section 5902(b) (relating to prostitution and related offenses)
  • Section 5903 (relating to obscene and other sexual materials and performances).

While the pardon process is by no means a quick one, the average amount of pardons granted out of the applications reviewed typically amount to 50% or greater on a year to year basis. For statistics provided by the Pennsylvania Board of Pardons, see https://www.bop.pa.gov/Statistics/Pages/Statistics-by-Year.aspx.

Clean Slate Act

The so-called Clean Slate Act, passed in 2018, expanded eligibility for what would become known as “sealing by petition” to some first degree misdemeanors, and further limiting dissemination of sealed conviction records. 


First degree misdemeanors carrying a potential penalty of two years or less, and ungraded offenses carrying a penalty of up to five years, were made eligible for sealing by petition after a 10-year waiting period in which the individual must have been free of conviction for an offense carrying a prison term of one year or more (as opposed to free of arrest or prosecution for ten years running from completion of sentence, as under the 2016 law). 


For some serious offenses, a court may not order sealing of records. These include convictions for offenses involving violence, firearms, or sexual misconduct that are punishable by more than two years in prison. The 2018 Act also narrowed the types of prior convictions that are ineligible for court-ordered sealing to the following:

  • Conviction of first degree felonies punishable by imprisonment of 20 years;
  • Conviction within 20 years of felonies punishable by seven or more years in prison that involve crimes against the person or against the family, firearms, or sexual offenses requiring registration;
  • Conviction of four or more offenses punishable by imprisonment of two or more years; or
  • Conviction within 15 years of two or more offenses punishable by more than two years in prison, or a number of specific offenses, including indecent exposure, crime involving weapons or implements for escape, sex with animals, or failure to comply with registration requirements.

Juvenile Record Expungement

While most people believe that juvenile delinquency records are sealed, this is not always the case. As such, even offenses committed when one was a minor may significantly impact the prospects of obtaining desired admission into academic institutions, the military, professional licensures and other jobs that require high security clearances. 


While juvenile delinquency records are typically expugnable when the minor entered into an informal adjustment, consent decree or was adjudicated of a summary offense, there is a five-year waiting period if the juvenile was adjudicated, i.e., equivalent of found guilty or plead guilty, of a misdemeanor or felony offense. This waiting period can significantly impact an individual who was adjudicated of an offense during their high school years, but is seeking to pursue admission to academia or the military. Fortunately, it is possible to petition the court to expunge the records early. In doing so, the court is required to consider:

  • the type of offense;
  • the individual's age, history of employment, criminal activity and drug or alcohol problems; adverse consequences that the individual may suffer if the records are not expunged; and
  • whether retention of the record is required for purposes of protection of the public safety.

An experienced expungement attorney gives you the best chance of success in convincing a judge, the board of pardons or the district attorney’s office, as the case may be, that expungement is the appropriate and just result in relation to a petition for expungement or pardon. The attorneys at Myers Law Group have a proven track record of success in obtaining this type of relief for their clients. If you are interested in eliminating a criminal record that is an obstacle to achieving your academic, military, career or professional goals, contact the Myers Law Group to discuss your options. 

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