Pennsylvania Law Summary
Expungement of Criminal Records
Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action for Expungement of Criminal Records in Pennsylvania, but does include basic and other provisions.
1. What is an expungement?
(1) To remove information so that there is no trace or indication that such information existed;
(2) to eliminate all identifiers which may be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or
(3) maintenance of certain information required or authorized under the provisions of section 9122(c) (relating to expungement), when an individual has successfully completed the conditions of any pretrial or post trial diversion or probation program. 18 Pa.C.S.A. § 9102.
2. Do the records just disappear?
No. Certain records may be retained to determine future eligibility for diversion or probation programs or to identify a person in a criminal investigation.
3. What records may be expunged?
Criminal history record information related to the expunged offense may be expunged. Such records consist of identifiable descriptions, dates and notations of arrests, indictments, informations or other formal criminal charges and any dispositions arising therefrom.
Criminal history record information does not include intelligence information, investigative information or treatment information, including medical and psychological information. Records also not subject to expungement orders include: (1) original records of entry compiled chronologically including, but not limited to, police blotters and press releases that contain criminal history record information and are disseminated contemporaneous with the incident. (2) any documents, records or indices prepared or maintained by or filed in any court of this Commonwealth, including but not limited to the minor judiciary. (3) posters, announcements, or lists for identifying or apprehending fugitives or wanted persons. (4) announcements of executive clemency. 18 Pa.C.S.A. § 9102.
Records of arrest are also eligible to be expunged for persons dismissed under Rule 320.
4. Who is eligible for an expungement
Persons convicted of a crime may have records expunged in the following cases:
(1) An individual who is the subject of the information reaches 70 years of age and has been free of arrest or prosecution for ten years following final release from confinement or supervision; or
(2) An individual who is the subject of the information has been dead for three years.
A person is not eligible for expungement if placed in an ARD program and victim was under the age of 18 for any of the following offenses:
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 5902(b) (relating to prostitution and related offenses).
Section 5903 (relating to obscene and other sexual materials and performances).
18 Pa.C.S.A. § 9122.
In the case of juvenile records, a person may seek expungement when 1) the complaint or petition resulting from a complaint is dismissed; 2) six months have elapsed since the final discharge of the person from supervision under a consent decree and no proceeding is pending; 3) five years have elapsed since the final discharge of the person from commitment, placement, probation or any other disposition and referral and since discharge, and the person has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending; 4) the person is 18 or older and court determines expungement is in the best interests of justice. 18 Pa.C.S.A. § 9123.
5. How do I get records expunged?
For juvenile records sought to be expunged under 18 Pa.C.S.A. § 9123, a court may order expunction of records upon its motion or upon the motion of a child or the parents or guardian. 30 days' notice to the district attorney must be given.
In other cases, involving adult convictions under 18 Pa.C.S.A. § 9122, the person must petition the court with jurisdiction over such records and the court must send a certified order to the agency having control over the records.
Expungements of records of arrest under Rule 320 are automatic as a matter of law after successful completion of ADR requirements. When the judge orders the dismissal of the charges against the defendant, the judge shall also order the expungement of the defendant’s arrest record.
If the attorney for the Commonwealth objects to the automatic expungement, the objections shall be filed with the judge, together with the objections to dismissal, if any, within 30 days after service of a motion for dismissal under Rule 319, and copies of the objections shall be served on the defendant or the defendant’s attorney.
If the objections are filed, the judge shall hold a hearing on the objections, affording all parties an opportunity to be heard.
