Pennsylvania record expungement
If you live in the state of Pennsylvania, and are seeking to get adult criminal records expunged, you will need to file a petition for expungement with the Court of Common Pleas in the same county in which you were charged. When you file this petition, you will have a hearing scheduled before a judge who will decide if you are eligible to have your record expunged.
In the state of Pennsylvania you can only expunge your record if you were not convicted. This means that arrest records must show no disposition took place after 18 months or less and the court of the proper jurisdiction must certify that there are no other pending charges involving the case. Also, they accept cases that were dismissed or discharged because the prosecution lacked evidence or because of lack of prosecution or because the defendant was found not guilty by a jury. Another type of case that is deemed eligible is a case that was dismissed or discharged because the individual successfully complied with the requisites and conditions of certain pretrial dispositions.
The court will consider many things when determining whether or not to expunge an individual's record. The things a court may consider are the harm to the individual's status, his or her source of revenue, the actual crime itself, the individual's previous criminal record, and if it is in the state's interest to classify the records. Pennsylvania law explicitly prohibits the courts from expunging records, even though the individual has effectively complied with the terms of the accelerated rehabilitation disposition, where he or she had been charged with certain kinds of sexual assault offenses against juveniles.
When the petitioner sends the petition for expungement, it will be quickly sent to the state repository for a criminal background check in the capital city of Harrisburg, Pennsylvania. The state repository will then circulate the order for expungement to every other law enforcement agency that has previously received the information that is the subject of the order.
It is important to make sure that your criminal record is otherwise clean and that no other charges are pending. When you petition the court for expungement you must remember to include your full name, date of birth, social security number, what charges were brought against you, the case's docket number, and the offense tracking number and the disposition of the case. If you do not include all this information it will be dismissed, otherwise you can proceed with the expungement process.
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