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 posttrial 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 may be expunged when:
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.
2. An individual who is the subject of the information has been dead for three years.
3. An individual who is the subject of the information petitions the court for the expungement of a summary offense and has been free of arrest or prosecution for five years following the conviction for that offense. (only permitted for a conviction of a summary offense).
A court shall not have the authority to order expungement of the defendant’s arrest record where the defendant was placed on Accelerated Rehabilitation Disposition (ARD) for a violation of any offense set forth in any of the following where the victim is under 18 years of age:
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 3127 (relating to indecent exposure).
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.
At Miller, Turetsky, Rule & McLennan, our attorneys have extensive experience in criminal expungement. If you have questions regarding a possible expungement or seek representation, contact us to set up a consultation.