Who Qualifies For Expungement In Pennsylvania And What Offenses Can Be Cleared
A criminal record can follow you into every corner of life, from job applications to housing searches to school admissions. Even a charge that never led to a conviction can show up on a background check and raise questions you shouldn’t have to answer. The good news is that Pennsylvania law gives many people a path to clear their record through expungement. But who actually qualifies, and which offenses can be wiped away?
What Does Expungement Actually Do?
Expungement is different from a dismissal. When a case is dismissed, the record of the arrest and charge often remains visible to the public, even though no conviction resulted. Expungement goes further. It removes the record entirely, so that the arrest or charge no longer appears on background checks available to employers, landlords, or schools. Once granted, you generally do not have to disclose the expunged matter at all.
Who Qualifies for Expungement in Pennsylvania?
Under Pennsylvania’s expungement statute, 18 Pa.C.S. § 9122, eligibility depends heavily on how a case was resolved. Have you ever wondered whether your specific outcome counts? Pennsylvania law identifies several categories of people who may petition for expungement, including:
- Individuals whose case was dismissed, withdrawn, or resolved with a not guilty verdict
- Individuals arrested but never charged, where 18 months have passed with no case filed and no proceedings pending
- Individuals who successfully completed an Accelerated Rehabilitative Disposition (ARD) program, with limited exceptions for certain sexual offenses involving minors
- Individuals convicted of a summary offense who have remained free of arrest or prosecution for five years since that conviction
- Individuals age 70 or older who have remained arrest free for ten years following release from confinement or supervision
- Individuals who have been deceased for at least three years, allowing family members to petition on their behalf
What Offenses Can Be Cleared?
Non-conviction records, meaning charges that were dismissed, withdrawn, or resulted in acquittal, are generally the easiest to expunge. Summary offenses and successfully completed ARD cases also have a clear path forward. Misdemeanor and felony convictions are harder to clear and, outside of the elderly or deceased categories described above, are usually addressed through Pennsylvania’s Clean Slate sealing provisions rather than full expungement. Every case turns on its own facts, including the specific charges involved and how the matter was ultimately resolved.
Reach Out to Us Today for Guidance
Every record and every case history is different, and the rules around eligibility can be more complicated than they first appear. If you are wondering whether your record qualifies for expungement, working with a knowledgeable attorney can help you understand where you stand. As Pittsburgh expungement attorneys, we have helped many people throughout Western Pennsylvania work toward clearing their records and moving forward. Contact The Law Offices of Gary E. Gerson today to discuss your situation and learn more about your options.
Source:
legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.091.022.000..HTM
