Record Sealing Attorneys You Can Depend On
A criminal record can follow you for years, creating barriers to employment, housing, education, and professional opportunities. Even arrests that didn’t result in convictions can appear on background checks and damage your reputation. Fortunately, Pennsylvania law allows certain criminal records to be expunged or sealed, giving you a fresh start. At Nevins & McAllister, our expungement lawyers in Reading, PA help clients clear their records and move forward with their lives.
Understanding Expungements in Pennsylvania
Expungement is the legal process of erasing criminal records from public view. When a record is expunged, it’s as if the arrest or conviction never happened. Law enforcement agencies, courts, and other government entities destroy or seal their records, and you can legally deny the existence of the expunged record in most situations.
Pennsylvania law distinguishes between expungement and sealing. Expungement completely eliminates records, while sealing makes records inaccessible to most parties but maintains them in restricted databases. Recent changes to Pennsylvania law, particularly the Clean Slate Act, have expanded opportunities for both expungement and automatic sealing of certain records.
Our criminal defense attorneys stay current on Pennsylvania’s evolving expungement laws and help clients understand which relief options apply to their situations. The rules are complex, with different eligibility requirements for different types of cases, making experienced legal guidance essential.
Pennsylvania’s Clean Slate Act
Pennsylvania’s Clean Slate Act, which took effect in 2019 and expanded in subsequent years, revolutionized the state’s approach to criminal records. This legislation provides for automatic sealing of certain records without requiring individuals to file petitions or attend court hearings.
Automatic Sealing
Under Clean Slate, eligible records are automatically sealed after specified waiting periods. This includes summary offenses after 10 years, certain misdemeanors after 10 years, and charges that resulted in not guilty verdicts or dismissals. The system automatically reviews records and seals those that qualify, removing them from public background check databases.
However, automatic sealing has limitations. More serious offenses don’t qualify, and the 10-year waiting period can seem interminable for people who need clean records now. Additionally, automatic sealing doesn’t apply to all cases that might qualify for traditional expungement through court petition.
When to Petition for Expungement
Even with Clean Slate’s automatic provisions, many people still need to actively petition for expungement. Traditional petition-based expungement may be faster than waiting for automatic sealing, applies to some cases that don’t qualify for automatic sealing, and completely destroys records rather than just sealing them from public view.
Our expungement lawyers evaluate whether automatic sealing will address your needs or whether you should pursue traditional expungement. We file petitions when doing so offers advantages over waiting for automatic processes.
What Can Be Expunged in Pennsylvania
Pennsylvania law allows expungement of various criminal records, but eligibility depends on the specific circumstances of your case. Understanding what can be cleared is the first step in determining your options.
Arrests Without Conviction
If you were arrested but never convicted, you have strong grounds for expungement. Cases dismissed by prosecutors, acquittals after trial, and arrests where charges were never filed all typically qualify for expungement. There’s no waiting period for these records, and prosecutors rarely oppose expungement petitions when no conviction occurred.
Many people with dismissed charges don’t realize these records still appear on background checks unless expunged. Employers and landlords often can’t distinguish between cases that resulted in acquittal and those that ended in conviction, making expungement crucial for protecting your reputation.
Summary Offenses
Summary offenses are Pennsylvania’s least serious criminal violations. After maintaining a clean record for five years following conviction, summary offenses become eligible for expungement. The five-year period requires no arrests or prosecutions for crimes graded higher than summary offenses.
Common summary offenses include disorderly conduct, harassment, and minor retail theft. While these may seem trivial, they still appear on background checks and can create problems for employment and licensing.
Underage Drinking Convictions
Pennsylvania provides special expungement provisions for underage drinking violations. Once you turn 21, you can petition to expunge underage alcohol offenses, helping young people move past mistakes made before legal drinking age.
Successful ARD Completion
Individuals who complete Accelerated Rehabilitative Disposition (ARD) programs become eligible for expungement. ARD is a diversionary program commonly used for first-time DUI offenses and other cases where defendants have no prior record. The ARD program allows participants to avoid conviction by completing probation and meeting specific requirements.
Upon successful ARD completion, participants can immediately petition for expungement. This is one of the program’s major benefits, as it allows people to resolve criminal charges without permanent records. However, expungement isn’t automatic following ARD, you must file a petition and obtain court approval.
Old Misdemeanor Convictions
Under Clean Slate, certain misdemeanors become eligible for sealing after 10 years. However, traditional expungement may be available for older convictions in some circumstances, particularly when coupled with pardons or when specific statutory provisions apply.
The 10-year period for misdemeanor sealing requires that you’ve remained free of conviction for any offense graded misdemeanor or felony and have paid all fines, costs, and restitution. Misdemeanors involving violence, sexual offenses, and certain other serious crimes don’t qualify for sealing or expungement.
What Cannot Be Expunged
Pennsylvania law prohibits expungement of certain records, regardless of how much time has passed or how exemplary your conduct has been since conviction. Understanding these limitations helps set realistic expectations.
Felony convictions generally cannot be expunged unless you receive a pardon from the governor. Serious misdemeanors including many assault convictions, sex crimes, and offenses involving weapons typically remain on your record permanently.
Multiple DUI convictions create particular challenges. While a first DUI offense resolved through ARD can be expunged, subsequent DUI convictions generally cannot. A second DUI offense or third DUI offense will remain on your record absent a pardon.
Crimes requiring registration, such as Megan’s Law offenses, cannot be expunged. Drug crimes involving dealing or trafficking typically don’t qualify, though simple possession charges may be eligible for sealing under certain circumstances.
The Expungement Process
Obtaining an expungement requires navigating a multi-step legal process. While the process may seem straightforward, technical errors or incomplete paperwork can result in denied petitions, making attorney representation valuable.
Obtaining Your Criminal Record
The first step is obtaining a complete and accurate criminal history. We request certified copies of your Pennsylvania State Police criminal record and docket sheets for relevant cases. This documentation allows us to identify which charges appear on your record and determine eligibility for expungement.
Many people are surprised by what appears on their records. Old arrests they’d forgotten about, cases they believed were dismissed, and summary offenses they didn’t realize were criminal convictions all may appear and require attention.
Filing the Petition
Once we’ve confirmed eligibility, we prepare and file an expungement petition with the court that handled your case. The petition must include specific information about the charges, case numbers, arrest dates, and disposition of charges. We serve copies on the district attorney’s office and other required parties.
Pennsylvania law requires that certain entities receive notice of expungement petitions, giving them the opportunity to object. Our attorneys ensure all notice requirements are met to avoid delays or denials based on procedural defects.
Responding to Objections
District attorneys sometimes object to expungement petitions, particularly for cases involving victims or when public safety concerns exist. When objections are filed, the court schedules a hearing where both sides present arguments.
Our expungement lawyers in Reading, PA represent you at these hearings, presenting legal arguments for why expungement is appropriate and responding to prosecution objections. We emphasize your rehabilitation, the passage of time, and the legitimate need for a fresh start.
Court Orders and Record Destruction
If the court grants your expungement petition, it issues an order directing all relevant agencies to expunge their records. Law enforcement agencies, courts, and criminal justice databases must comply with the order, destroying physical files and deleting electronic records.
The process of physically destroying records takes time. While the expungement order is effective immediately, it may take several months for all agencies to complete record destruction. We monitor compliance and follow up with agencies that fail to act promptly.
How Expungement Improves Your Life
A clean criminal record opens doors that may have been closed for years. The benefits of expungement extend across multiple areas of life, making the investment in legal representation worthwhile.
Employment Opportunities
Criminal records create significant barriers to employment. Many employers conduct background checks and automatically reject applicants with any criminal history, regardless of how minor the offense or how long ago it occurred. After expungement, you can honestly state you have no criminal record and don’t need to disclose expunged charges on job applications.
Professional licensing becomes more accessible with a clean record. Many occupations require state licenses that are difficult or impossible to obtain with criminal convictions. Teachers, nurses, lawyers, real estate agents, and countless other professionals need clean records to practice their chosen careers.
Housing and Education
Landlords increasingly conduct background checks on rental applicants. Criminal records often result in application denials, particularly in competitive housing markets. Expungement removes this barrier, making it easier to secure quality housing.
College admissions and financial aid may be affected by criminal records. Some universities ask about criminal history on applications, and certain convictions can disqualify students from federal financial aid. Expungement eliminates these concerns.
Personal Relationships and Peace of Mind
Beyond practical benefits, expungement provides peace of mind. You no longer need to worry about background checks revealing your past. If you’re navigating family law matters like child custody disputes or dealing with protection from abuse proceedings, a clean record can positively influence court decisions regarding parenting time and other family matters.
The psychological relief of putting your past behind you shouldn’t be underestimated. Many clients describe expungement as lifting a weight they’d carried for years, finally allowing them to move forward without shame or stigma.
Why You Need an Expungement Lawyer
While Pennsylvania allows individuals to file expungement petitions without attorneys, legal representation significantly increases your chances of success. Our expungement lawyers in Reading, PA bring knowledge, experience, and attention to detail that DIY petitioners often lack.
We understand Pennsylvania’s complex expungement statutes and stay current on legal changes and court decisions. Expungement law has evolved significantly in recent years, and what was true five years ago may not apply today. We know which records qualify for expungement, how to properly prepare and file petitions, and how to respond to prosecutorial objections.
Technical accuracy matters in expungement petitions. Incorrect case numbers, wrong dates, improper service of process, or failure to include required information can result in denied petitions. We ensure all paperwork is complete and accurate the first time, avoiding delays and additional costs.
When district attorneys object to petitions, having an attorney becomes crucial. We present persuasive arguments for expungement, distinguish your situation from cases where expungement was denied, and advocate effectively for your interests at hearings.
Start Your Fresh Start Today
If you’re living with a criminal record that’s holding you back, don’t wait any longer to explore your options. Pennsylvania’s expungement laws provide opportunities for many people to clear their records and move forward, but the process requires legal knowledge and careful attention to detail.
At Nevins & McAllister, we’ve helped countless Reading area residents obtain expungements and reclaim their futures. We understand how criminal records affect every aspect of life, and we’re committed to helping our clients achieve the fresh starts they deserve.
Contact us today to schedule a consultation with our experienced expungement lawyers. We’ll review your criminal record, determine your eligibility for expungement or sealing, and explain the process in detail. We’ll answer your questions and provide honest assessments of your chances for success.
Your past doesn’t have to define your future. Let Nevins & McAllister help you clear your record and open new doors. Call our Reading office now to take the first step toward expungement and a brighter tomorrow.