Bucks Writs - Spring 2019 - 20

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OPTIONS FOR CLEARING A CRIMINAL RECORD
by Legal Aid of Southeastern Pennsylvania

EXPUNGEMENT is the destruction of a criminal record.
Expungement is available for:
* Non-conviction dispositions (charges were dismissed,
withdrawn, not guilty, etc.).
* ARD/Section 17 if all of the requirements are completed.
* Summary convictions, with five subsequent years
free from arrest.
* Summary convictions if under age 18 at the time of
the offense, the individual is now over 18, AND six
months have passed since completing the sentence
and paying the fine.
* Misdemeanor and felony convictions for those age
70+, with a 10-year arrest-free period since the end of
the sentence (including probation or parole).

SEALING (or LIMITED ACCESS) means that only courts,
law enforcement, and a small number of employers are able to see a person's criminal record. The general public,
schools, landlords, and most employers do not have access to sealed records. Sealing is available for many (mostly
non-violent, non-sex-related) misdemeanor convictions for those who:
* Have 10 consecutive years without a misdemeanor or felony conviction following the misdemeanor conviction
to be sealed, and
* Have satisfied all fines, court costs, and restitution related to the case to be sealed, and
* Have no convictions for:
1. A first-degree felony, murder, or an offense punishable by more than 20 years in prison.
2. More than one crime graded higher than a second-degree misdemeanor in the past 15 years.
3. More than three crimes in the past 20 years (except for third-degree misdemeanor or summary convictions,
which do not count).
4. A violent felony or a sex- or gun-related felony in the past 20 years.

SEALING is AUTOMATIC (starting June 28, 2019) for:
* Non-convictions (not guilty, withdrawn, dropped, dismissed, etc.) after 60 days from the disposition.
* Summary convictions after 10 years.
* Many second- and third-degree misdemeanors, under certain conditions.
Between June 28, 2019 and June 27, 2020, the backlog of cases newly eligible for automatic sealing is scheduled
to be processed.
A PARDON is a decision made by the governor to excuse someone who has been convicted of a crime. Once the
pardon is granted, the record becomes eligible for expungement. Pardons are available for all misdemeanor and
felony convictions, and a client can apply at any time. However, it is a long process (sometimes more than four years),
and LASP recommends that clients wait until they:
* Have at least five years after completion of probation for a misdemeanor sentence or 10 years after completion of
probation for a felony sentence.
* Have paid all fines, costs, and restitution related to the case.
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Bucks Writs - Spring 2019

Table of Contents for the Digital Edition of Bucks Writs - Spring 2019