What does “expungement” mean? Understanding …

1 If a rule(s) is adopted and finalized by A new state law goes into effect on what does expungement mean? the Pennsylvania Supreme Court, infor- Nov. 14, 2016, that amends the Crimes mation will be posted on the website of the Administrative Offices of the Pennsyl- Understanding Code to create a new option to address In Pennsylvania, all criminal and sum- mary cases filed with a court, including vania Courts: expungement and criminal-history-record information. The new law limits access to criminal those that don't result in convictions, are posted online for public viewing. These cases may also be reported by consumer re- How Can I Find a Lawyer? Call the Pennsylvania Bar Association Limited Access to records for eligible individuals convicted of second- or third-degree porting agencies. An expungement is a legal order that destroys and removes a criminal Lawyer Referral Service toll free in Pa. at 800-692-7375 or 717-238-6807.

2 Most Criminal Records misdemeanors, including ungraded offenses, who have completed all record from public view and restricts access to law-enforcement agencies. counties have this same service at the lo- punishment from previous convictions cal level. Check your Yellow Pages under and have no arrests or prosecutions for at least 10 years. what information is eligible for attorneys for more details. expungement ? The new law allows individuals In Pennsylvania, information of all offens- to petition the courts for an order of es that resulted in nonconviction is eligible limited access to information about for expungement . This includes being found certain second- and third-degree not guilty of charges, as well as information misdemeanors. Although the public about charges that are withdrawn or dis- will no longer have access, the criminal missed and not prosecuted nolle prossed.. histories would still be available upon Charges that lead to involvement in a request to a limited number of entities, diversionary program such as ARD (Acceler- including law-enforcement and state ated Rehabilitative Disposition) and Section licensing agencies.

3 17 can be expunged if the program is suc- cessfully completed. Pennsylvania has joined a growing In addition, information of an offense number of states that are creating that resulted in a conviction is eligible for limited access to individuals' criminal expungement if one of the following condi- histories with the primary goal of tions is met: Consumer Legal Information removing barriers to employment, The conviction is a summary offense and housing and education for individuals the individual has not been arrested for This pamphlet has been made available to you as a public Pamphlets who have completed their sentences. In five or more years. Common summary service of the Pennsylvania Bar Association. addition to the new limited-access law, offenses include disorderly conduct, simple trespass, public consumption of by the Visit our website at or call 800-932-0311 Pennsylvania has existing expungement alcoholic beverages and retail theft (if for a list of other pamphlets, laws that delete and remove certain or to order additional copies.)

4 It is a first offense and the value of the information from public view. Pennsylvania Bar Association 100 South Street, PO Box 186, Pennsylvania Bar Association merchandise is less than $150). Harrisburg, PA 17108. Pennsylvania Bar Association Special Note: This pamphlet has been issued to inform and not to advise. It is based on Pennsylvania law. The statements are general, and All Rights Reserved. REV 9/16 individual facts in a given case may alter their application or involve other laws not referred to here. The individual is over age 70 and what can I expect if there is a the public record. The destruction of the years. Second- and third-degree misde- has not been arrested for 10 or more criminal-history record occurs when these meanors include crimes such as criminal years. contested- expungement hearing? agencies comply with the expungement trespassing, vandalism and indecent as- If the district attorney's office does The subject of the expungement peti- order.

5 These agencies may send a letter to sault. object, then a contested- expungement tion has been dead for three years or the individual or to the lawyer who filed The law excludes some individuals hearing is scheduled. The judge conducts a more. the petition to confirm that the information from the limited-access process. Individu- balancing test to weigh the right of the pe- The individual receives a pardon from has been removed and the expungement als with otherwise-eligible offenses are titioner to be free from the harm of keep- the governor for a conviction. process has been completed. excluded from the limited-access process ing the case record versus the common- if they have offenses punishable by more wealth's interest in preserving the record. what is the expungement Who can still review information than two years in prison, four or more The individual seeking the expungement offenses punishable by one or more years process?

6 May be asked to testify in support of the about past cases? in jail, some subsets of misdemeanor To have an eligible charge expunged, expungement petition. The judge may con- The prosecutor and central repository simple-assault offenses, some subsets an expungement petition must be filed in sider factors such as the strength of the (the Pennsylvania State Police Central of sex-crimes offenses, some subsets of the county where the case occurred. Sep- commonwealth's case against the individ- Repository) are required to keep criminal- witness-intimidation offenses and offenses arate petitions must be filed for each case ual and the specific reason the expunge- history-record information, which may be that require Megan's Law registration. with eligible charges. The Administrative ment should be denied. The judge may used in the future to determine eligibility Office of Pennsylvania Courts provides also consider factors such as age, criminal for diversionary programs, to identify per- standard petition forms for expungements record, employment history, the length of sons in criminal investigations and to de- what is the process to obtain at The cost to file time since the case and the negative con- termine the grading of any future offenses.

7 Limited access to criminal an expungement petition varies by county. sequences if the expungement is denied. This information is available upon request records? It is advisable to have a lawyer file the In support of the petition, the individual to other law-enforcement agencies. The A person who qualifies for this relief expungement petition. seeking the expungement may show the court also may maintain such information. may file a petition with the court of com- The clerk of courts in the county judge copies of recent job denials, letters mon pleas in the county where the case where the expungement petition(s) can be of support, certificates of rehabilitation, what are the changes in the 2016 was filed. The district attorney's office filed may be contacted to gather informa- occupational and behavioral training and will be notified of the petition and have tion on filing fees, to request copies of the any other documents reflecting the impact law that limit access to criminal an opportunity to file an objection.

8 Ulti- expungement petition and to get answers of the case record. records? mately the judge assigned to the matter to logistical questions about filing the The amended law, which goes into will decide whether to grant or deny the petition(s). effect on Nov. 14, 2016, limits access to How is the information removed information about some misdemeanor petition. After the petition is filed, the county Note that on July 9, 2016, the Penn- district attorney's office has the right to from a criminal record? convictions to specific entities such as law- If an expungement petition is granted, sylvania Supreme Court's Criminal challenge the petition and request a hear- enforcement and state licensing agencies. the court will provide the individual sub- Procedural Rules Committee published ing before a judge to determine if the re- The limited-access provision can be ject of the expungement or the lawyer who for public comment in the Pennsylvania quest for expungement should be granted requested for second- or third-degree mis- filed the petition for the individual with a Bulletin proposed Rule 791 of the Rules or denied.

9 If the district attorney's office demeanor convictions, including ungraded copy of the signed expungement order. The of Criminal Procedure that would provide does not object, then the expungement is offenses, provided that the responsible court also sends copies of the signed order further procedural guidance on the filing generally granted without a court hearing. individual has completed all punishment to state police and other criminal-justice of a petition for limited access. and has had a clear record for at least 10. agencies that remove the information from