Have you been looking to clear your criminal record in Pennsylvania? If you are considering expungement, knowing your options and taking action is essential. Explore the expungement process and understand the eligibility criteria, the process of filing for expungement, the role of an expungement lawyer, and what to do after the court has expunged your record.
Eligibility for Expungement in Pennsylvania
Make sure you’re eligible for this process in Pennsylvania.
Criteria for Expungement Eligibility Based on Offense Type and Time Elapsed
The type of offense and the time since the conviction are the basis for expungement in Pennsylvania. According to Title 18, the court can expunge criminal records if the person has been free from arrest or prosecution for ten years following the completion of their sentence for a summary offense. The individual must be 70 years old and free of arrest or prosecution for ten years for more serious crimes.
Additionally, the court can expunge records if the individual has been dead for three years. In the case of arrest records where no conviction occurred, an individual can seek expungement if they were not convicted or if the judge dismissed the charges.
Overview of Specific Offenses That May be Eligible for Expungement
Criminal offenses eligible for expungement in Pennsylvania include summary offenses, misdemeanors, and some non-violent felony offenses. However, exceptions might apply, especially for juveniles, individuals who have completed specific rehabilitative programs, and in cases where a pardon has been granted.
The Expungement Process Explained
Understand the expungement process in Pennsylvania and navigate it successfully.
Detailed Steps to Initiate an Expungement Request
The first step involves filing a petition with the court where your sentencing took place. Your petition must explicitly state the criminal charges you wish to have expunged and explain why you believe the court should remove these charges from your record. Next, the court will send a copy of your petition to the District Attorney’s (DA) office.
Required Documentation and Forms Needed for the Application
To complete your expungement application, you must gather several important documents. This may include your original sentencing order, subsequent modifications, arrest record, and relevant information about your probation or parole.
You must also meticulously complete specific legal forms, as any errors could delay your application or result in a denial of your expungement request.
Filing Your Petition for Expungement
Once you have compiled the necessary documents and filled out the forms, you should file the petition for expungement.
Instructions on How to Properly File the Expungement Petition in Court
When you’re ready to file the petition, you’ll need to take it to the clerk’s office at the court where your sentencing took place. Ensure you have several copies of the petition and the rest of your documents.
All copies must be notarized, verifying that the documents are original and accurate. After submitting your petition, the court clerk will provide you a stamped copy of your petition as a receipt.
Discussion of Filing Fees and Any Associated Costs
Filing a petition for expungement in Pennsylvania does come with associated costs. The filing fees can vary depending on the county. Generally, the cost ranges from $132 to $225. Additional costs may arise if you choose to hire an attorney for assistance.
The Role of the Courts in Expungement
Your expungement discussions will likely pass through the Pennsylvania courts. Here’s what to expect.
What to Expect During the Court Hearing
The court will schedule a hearing if the DA’s office objects to your expungement application. You can argue why the court should expunge your criminal record during this hearing. Present all necessary evidence and demonstrate how you’ve turned your life around since your criminal conviction.
How Judges Evaluate Expungement Petitions
Judges will evaluate your behavior since the conviction, the time that has passed, the severity and nature of your crime, and any possible risk to society.
Common Challenges and How to Overcome Them
Here’s how to overcome unexpected challenges the expungement process can bring.
Common Hurdles Applicants May Face During the Expungement Process
Common hurdles could include insufficient documentation, a lack of understanding of the process, or an objection by the DA’s office.
Strategies for Overcoming These Challenges
Working with a knowledgeable criminal defense attorney can make overcoming these challenges much easier. An attorney can guide you through the process, ensuring all paperwork is accurate, and effectively argue your case if there’s an objection from the DA.
After Your Expungement: What’s Next?
After your expungement, there are some things you need to know.
Guidance on Obtaining and Reviewing Your Expunged Record
After expungement, you can request a copy of your criminal record to ensure you have completed the process. Review this document carefully, and if any discrepancies exist, contact the court immediately.
How Expungement Affects Employment and Housing Opportunities
An expungement can significantly improve job and housing prospects. Most employers and landlords won’t have access to your expunged record, which could prevent potential discrimination.
Legal Rights and Resources
Knowledge of your legal rights and available resources is crucial throughout the expungement process.
Legal Rights Related to the Expungement Process
You have the right to petition for expungement, attend a hearing if the DA contests your application, and review your criminal record after expungement.
Resources for Seeking Legal Assistance in Pennsylvania
Many resources in Pennsylvania can assist with the expungement process, including the Pennsylvania Courts website, local legal aid organizations, and attorneys specializing in expungement.
Simplify the Expungement Process With the Help of E. William Hevenor Law Firm
Understanding the expungement process is a critical step toward a better future. Taking action can help alleviate the burdens a criminal record can impose. Relevant Pennsylvania’s legal statutes and .gov resources offer valuable information on expungement, while reputable legal articles and guides provide detailed explanations.
For personalized legal guidance on expungement, contact the E. Willliam Hevenor Law Firm at (610) 251-9930 to schedule a free consultation today and get started on your expungement application.