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How to get a felony expunged in PA

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M

mark0695

Guest
What is the name of your state? Pennsylvania

On december 2nd 1997 i was arrested for Theft by deception and Receiving stolen property felony 3 charges. The receiving stolen property was dropped and i was only charged with the other. During the time of my probation i was convicted of the charge. What is the time limit in my state to where i can get this expunged and since the original charge has been 7 years do i have to put yes on a job application. Reason asked is i am currently working for a company that i am temping right now and I have the opportunity to go fulltime on dec 20th. Thing is the temp agency wants me to have proof of expungement before they hire me on. Can they tell the company that is hiring me that i had a felony 7 years ago and where can i go to get this expunged?

Also just so you know all restitution has been paid and all probation is over. I have been paid up for 2 plus years now and off probation as well for that long.
 
Last edited:


JETX

Senior Member
In Pennsylvania, 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.
Under 18 Pa.C.S.A. § 9122, 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).

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.
Source: http://members.aol.com/StatutesP9/18.Cp.91C.html

Bottom line.... unless you are 70 years old or dead, your CONVICTIONS don't qualify for expungement.
 

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