How Do You Get an Expungement in Pennsylvania?

There are a limited set of circumstances in which you can have your record expunged in Pennsylvania.

Pennsylvania law allows expungement of criminal records under a limited set of circumstances. When a criminal offense is expunged, members of the general public can't see it in a person's criminal record. According to U.S. Legal, a legal information database, expunged records may be used by the government to determine whether you are eligible to participate in diversion and probation programs or to identify you in future criminal cases. To file for expungement, you must petition the court responsible for the case on record.

Instructions

1. Make sure you are eligible for expungement. Pennsylvania law stipulates several conditions under which expungement may be granted. These include when the individual convicted has turned 70 years of age and not been charged of a crime for 10 years since last being released, when he has been dead for three years or more, when he seeks to expunge a summary offense and has not been charged of a crime for five years or more, when no disposition has been filed within 18 months of an arrest or when a person convicted of an alcohol purchase or consumption offense turns 21.

2. Prepare a "petition for expungement." Different jurisdictions have a standardized petition that is often available on the official website of the county court. Assemble any evidence to support the expungement of your record.

3. File the petition in the court that originally presided over your case.

4. Watch for a hearing notification from the court in which you filed your petition. The commonwealth attorney has 30 days to file an objection to the expungement. If there is an objection, you will be notified of a hearing date.

5. Appear in court on the designated hearing date, if one is set. Bring any materials to support your claim.

References

• US Legal: Pennsylvania Expungement Law