EXPUNGEMENT

Legally Sealing Your Criminal Record

No one plans on having a criminal record. Unfortunately, circumstances happen and mistakes are made that sometimes lead to a criminal conviction, whether the act that brought you there was intentional or not. For some individuals, the act of expungement provides a legal means to effectively erasing the mark on their criminal record that was unnecessarily made, possibly years ago.

Through the process of expungement, certain criminal offenses committed by first-time offenders can be sealed, making them invisible to any prying eyes. Once a criminal record has been officially sealed through expungement, it will be inaccessible. State and federal repositories that typically make criminal records available will no longer have access to do so. In essence, it will be as if the criminal offense never happened.

Under Pennsylvania law, expungement is permitted for criminal offenses that did not include a conviction. In order to be eligible for expungement through court law, it must be proven that you were never convicted of the crime for which you were accused and that you never pled guilty to that crime.

Individuals who have received expungement in the past will not be permitted to do so again. There are some criminal records that will be ineligible for expungement altogether, including those with a final deposition of Adjudication Withheld.

If you are successful in your appeal for expungement, your criminal record will be limited to the disclosure of the Pennsylvania Bar, the Pennsylvania Bar of Education, and the Pennsylvania Department of Children and Families. Law enforcement officers will also maintain access to this information, but overall the record will remain out of sight.

Wipe your record clean!

Mack Law Offices can help you pursue your interest in the expungement of your legal record. For more than 75 combined years the team of attorneys at our firm has been providing aggressive legal representation to those who need it most.

While a good portion of our everyday work is directed at providing our clients with sound criminal defense that will protect them against the charges they are facing, we also have the knowledge and wherewithal to attend to post-trial matters such as the expungement of a criminal record.

If you were not convicted of the crime for which you were accused, but you are still dissatisfied knowing that a mark on your criminal record was made, we can help you alleviate this problem. We know what it takes to have a record legally expunged and we can help you take the steps to do exactly that.

Day and night, weekdays and weekends, we will be here to help you obtain legal expungement of your case.

Frequently Asked Questions about Expungement:

  • What is expungement in Pennsylvania, and how can it benefit me?

    • Expungement in Pennsylvania is a legal process that allows individuals to have certain criminal records erased or sealed. This means that the records are no longer publicly accessible, effectively removing them from background checks conducted by potential employers, landlords, educational institutions, and other entities. The benefits of expungement are significant. A clean record can dramatically improve your chances of securing employment, obtaining housing, and pursuing educational opportunities. It can also restore your reputation and provide a fresh start, allowing you to move forward without the burden of a past criminal record. In Pennsylvania, eligibility for expungement varies depending on the nature of the offense and the outcome of the case. For example, individuals who were arrested but not convicted may be eligible, as well as those who completed certain diversion programs or received pardons. Expungement can also alleviate the emotional stress and stigma associated with a criminal record, providing a sense of closure and renewed hope for the future.

  • Am I eligible for expungement in Pennsylvania? What are the specific criteria?

    • Eligibility for expungement in Pennsylvania depends on several factors, including the type of offense, the outcome of your case, and the length of time that has passed since the offense. Generally, you may be eligible if:
      • You were arrested but not convicted.
      • You completed an Accelerated Rehabilitative Disposition (ARD) program.
      • You received a pardon from the governor.
      • You were convicted of a summary offense after a certain period of time.
      • Pennsylvania’s clean slate law allows for some misdemeanors to be automatically sealed after a qualifying period of time.
    • It's important to note that certain offenses, such as serious felonies, are typically not eligible for expungement. To determine your eligibility, it's crucial to consult with an experienced expungement attorney who can review your criminal record and provide personalized guidance. They can assess your specific situation and advise you on the most appropriate course of action.

  • What is the process for expunging my criminal record in Pennsylvania?

    • The expungement process in Pennsylvania involves several steps. First, you must obtain a certified copy of your criminal record. Then, you or your attorney will prepare and file a petition for expungement with the appropriate court. The petition must include detailed information about your case, including the charges, the outcome, and the reasons why you are seeking expungement. The court will review the petition and may schedule a hearing to consider your request. Notice must be given to the district attorney’s office. If the court grants your petition, an order will be issued directing law enforcement agencies and other relevant entities to expunge your record. It is very important to ensure that all agencies that have your record are notified, and that the expungement is completed. The entire process can take several months, depending on the complexity of your case and the court's schedule. An experienced expungement attorney can guide you through each step, ensuring that your petition is properly prepared and filed, and that your rights are protected.

  • How long does the expungement process typically take?

    • The timeline for expunging a criminal record in Pennsylvania can vary depending on several factors, including the court's caseload, the complexity of your case, and the specific county where you are filing. Generally, the process can take anywhere from several months to a year or more. Obtaining the necessary documents, preparing the petition, and scheduling a hearing can all contribute to the overall timeline. It is also important to consider that after the judge signs the order, it can take several weeks for the different agencies to update their records. Working with an experienced expungement attorney can help expedite the process by ensuring that all necessary steps are taken promptly and accurately. They can also provide you with regular updates on the status of your case and address any potential delays.

  • What happens after my record is expunged? Can anyone still access it?

    • Once your record is expunged in Pennsylvania, it is effectively erased or sealed. This means that it is no longer publicly accessible and will not appear on most background checks. However, it's important to understand that some government agencies may still have access to expunged records for specific purposes, such as law enforcement investigations or background checks for certain sensitive positions. In most cases, however, expungement provides a significant level of privacy and protection, allowing you to move forward without the fear of your past criminal record affecting your future opportunities. You can legally answer “no” to questions regarding any arrests or convictions that have been expunged. It is important to keep a copy of the expungement order for your records.