Expungement in Pennsylvania
What is Expungement?
Expungement is the process of removing past criminal charges from law enforcement records and other official databases. To have your criminal record expunged in Pennsylvania, you must file a formal petition with the court in the county where you were charged. This petition requests the removal or deletion of the desired records. A hearing is usually scheduled to determine if expungement is appropriate and whether the prosecution opposes your petition.
Remember, if your case is withdrawn, dismissed, or you are found not guilty, these charges do not automatically disappear from your record. A formal petition and court order are necessary to remove them from public view.
The Expungement Process in PA
The expungement process in PA is standardized, requiring a uniform petition to be filed in every county. However, the approach to handling these petitions can vary by county and District Attorney’s Office.
Some prosecutors may not oppose expungement under certain conditions, but their requirements can differ. For instance, some may need a letter of joinder or a certificate of non-opposition attached to the petition, while others may require a hearing regardless of their stance.
Consulting with an expungement attorney in PA who knows local practices in Dauphin and Cumberland Counties is crucial to avoid delays and ensure the petition is correctly filed. Harrisburg area Expungement Attorney Elliott Zucker can help determine your eligibility.
Am I Eligible for Expungement in PA?
An expungement attorney in PA can help you determine if you are eligible for expungement based on your case resolution. You may be eligible if:
- Your charges were dismissed due to lack of prosecution or evidence or were withdrawn by the District Attorney’s Office.
- You were found not guilty after a trial.
- You successfully completed the ARD program, fulfilling all terms and conditions.
- You pled guilty to or were convicted of a summary offense more than five years ago and have had no further arrests. For underage drinking convictions, you can apply after turning 21.
- You completed the Section 17 or 18 program of the Drug Act, meeting all requirements, including drug treatment and payment of fines.
Next Steps: Hire an Expungement Attorney in PA
If you or someone you know wants to explore eligibility for expungement, contact Elliott A. Zucker of Daley Zucker for a consultation. Ensure your record is clean and protect your future with professional legal assistance.
Criminal Law Practice Areas
Daley Zucker's Criminal Law practice, led by Elliott A. Zucker, handles DUI, expungement, traffic violations, and white-collar crimes. We provide comprehensive legal solutions to protect your rights and future. Contact us today for personalized representation.