What is an expungement?

In the state of Pennsylvania, all cases filed with the court, even those that do not result in convictions, are visible online to the public. These cases may also be reported to other reporting agencies. An expungement is an order that removes a criminal record from the view of the public and restricts access of law-enforcement agencies

What can be expunged?

Some common examples of cases that can be expunged are:

  • Offenses that do not result in a conviction
    • Either because the individual was found not guilty or because the charges were not prosecuted
  • Charges that lead to involvement in certain programs can be expunged after completion of the program
    • An example of this would be the ARD program
  • A summary offense where the individual has not been arrested for more than five years
    • These offenses include disorderly conduct, simple trespass, and public consumption of alcoholic beverages
  • The individual is over the age of 70 and had not been arrested for more than 10 years
  • The individual receives a  pardon from the governor

For more information Click Here. It is also important to note that there have recently been changes to expungement laws so be sure to contact The Law Office of Vincent J. Caputo if you have any questions about whether or not your case can be expunged.

How can I can I get something on my record expunged in Pennsylvania?

  • An expungement petition must be filed in the county where the case occurred
    • Separate petitions must be filed for each eligible case
    • Click Here for the expungement petition
    • It is recommended that a lawyer files the expungement petition
  • After the petition is filed, the county district attorney’s office has the right to challenge the petition or request a hearing in front of a judge
  • Then either without or without a court hearing, the petition is either granted or denied

What is a pardon?

A pardon is an act by a Pennsylvania governor that erases a conviction from your criminal record. This is a way to clean your criminal record of convictions that cannot be expunged. Anyone with a criminal record is able to attempt to get a conviction pardoned.

How can I get a pardon in Pennsylvania?

The process of getting a pardon is not very easy and is fairly long and complicated.

There are six main steps in attempting to receive a pardon

  1. Complete and file the application with the Board of Pardons office
  2. An investigation by agents of the Pennsylvania Board of Probation and Parole
  3. Meeting with a parole agent to supply more information
  4. A hearing and a vote
  5. If a majority of the members of the board vote in favor of the application then it is passed on to the governor
  6. Either approval or disapproval of the governor

If the petition is disapproved by the governor or at any step throughout the process there are opportunities to reapply and have the application reconsidered.

For more information about the process Click Here.

What can I do if I need an expungement or pardon?

If you or a loved one is interested in getting part of his/her criminal record expunged or pardoned in the areas surrounding Chester County it is advised that you contact a reliable law team to advise you.  The Law Office of Vincent J. Caputo is ready to help you through this process. Please contact us with any questions about expungements and pardons.