Pennsylvania’s New Expungement Rules Take Effect

Filed under: Criminal Law Tags: by Steven F. Fairlie @ December 18, 2010

Those with a criminal record should take note. Pennsylvania has adopted new rules of criminal procedure to standardize the process across the Commonwealth. These new expungement rules, for both summary offenses and court cases including misdemeanors and felonies, will take effect December 21, 2010. Anyone hiring a lawyer to file the expungement petition for them should ensure that the lawyer is familiar with the new rules, as many that we’ve spoken with this past week were not aware of the changes. Using an attorney who is not familiar with the changes will definitely result in a delay in obtaining the expungement. While the process is still very similar to the process that has always been used in Montgomery County and Bucks County, there are some new requirements such as ordering, obtaining, and attaching a Pennsylvania State Police criminal record check. Failure to do so will create an unecessary delay. Attorneys and prospective clients alike should feel free to contact us with questions about the expungement process.

2 comments:

  1. Robert J Dilliplane says:

    I have a felony conviction of unlawful restraint and terroristic threats from an arrest in June 2005 stemming from a domestic dispute with an ex wife that was diagnosed as bi-polar after the fact. I was convicted in October 2005. I did 3 months on a probation violation from January 2006 to April 2006. I received 24 months of probation that ended in April 2008. I had no previous encounters with the law, and have had none since. Can I get this expunged? I now have a good life, but cannot get life insurance for myself as a protection for my wife of almost 4 years. I have also been turned down for jobs that I applied for from 2008 until 2011. During the summer of 2011,I found a company that was desirous of hiring me and actually gave me a chance. They asked about my record and allowed me to explain the situation. The hired me. Life is good, but could be better if I could get my record clean.

  2. While you cannot expunge a conviction in Pennsylvania, you can apply for a Governor’s pardon. Pardons are hard to get, but if you are successful in getting a pardon you can then expunge the conviction – which means that legally you were never convicted. Call us for more details about your particular situation.

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