Clearing Your Record/Expungement in Pennsylvania
A criminal record is something that does not seem to go away; its a scar on your reputation that seems to be available at the touch of a button anytime someone wants to do a computer internet back ground check. As your privacy disappears, it becomes all more important to obtain an expungement of your Pennsylvania Criminal Record.
The Expungement process is a statutorily created way of getting all records of your arrest, case outcome, fingerprints and mug shots are destroyed. Many people who are entitled to an expungement do not know this is a possibility or they do not know how to go about getting their record expunged. Their criminal record continues to affect them negatively in all walks of life.
Pennsylvania Expungement Lawyer
The Pennsylvania (PA) Criminal History Record Expungement Act provides for when criminal history information must be expunged. This law applies to the expungement of juvenile and adult offenses in PA. It is important to know that in certain situations, PA courts have the authority to order the expungement of records even absent express statutory authority. This is one reason it is important to retain an attorney who is knows PA expungement law and when persons are entitled to have criminal records expunged.
The PA Criminal History Record Expungement Act does not grant a person the absolute right to have charges expunged when charges are dropped (such as after an ARD disposition) or when there is a finding of not guilty. Rather, the court must use a balancing test to determine whether the petitioner’s interest in having his record expunged outweighs the Commonwealth’s interest in retaining such records.
A person desiring an expungement of criminal records, following an ARD disposition or a finding of not guilty, must file a petition requesting the court to review whether a criminal record should be expunged. Where charges have been dismissed and/or the petitioner has completed the ARD program, a court must consider whether an individual may suffer serious harm from the
Commonwealth’s retention of the arrest records. Due process requires the Commonwealth to present compelling evidence justifying the retention of arrest records. Among other factors, the court must weigh the Commonwealth’s interest in retaining such records versus the potential damage to the individual in not having his record expunged.
Officially Clear Your Record
In many situations, Pennsylvania judges will agree to sign an expungement order even if a person is not legally entitled to have his or her record expunged. Other people are accepted into an Accelerated Rehabilitative Disposition (ARD) program and then may apply for an expungement.
Learn whether you qualify for an expungement by speaking to an experienced Pennsylvania Criminal Record Expungement Lawyer at Ciccarelli Lawyers.
As of January 26, 2009, the Pennsylvania legislature passed a new law permitting the expungement of certain summary offense convictions for people who remain arrest-free for five years following their conviction. Prior to this law, a summary conviction could never be expunged unless the governor issued a pardon. Now, most summary convictions can be expunged after five years the same way ARD dispositions and non-guilty adjudications are expunged.
This is great news to any individual with a prior summary offense who is having difficulty getting or retaining a job because of employers who refuse to hire individuals with criminal records. Now is the time to take advantage of this change the law that can allow a minor summary conviction from years ago to finally be removed from your record. Contact an experienced expungement lawyer at Ciccarelli Lawyers at (877) 529-2422 to discuss your options.
Based in suburban Philadelphia with main offices in West Chester and Kennett Square PA in Chester County Pennsylvania, our expungement team is available to help you clear your record throughout all of Pennsylvania.
Learn more about getting your criminal record expunged, from experienced Pennsylvania Criminal Defense Lawyers that are knowledgeable about Pennsylvania Expungement laws and can advise whether you are eligible for an expungement or whether the pardon process makes sense for you. Contact Ciccarelli Lawyers to speak to a Pennsylvania Expungement or Pardon Lawyer today. Call toll free (877) 529-2422.
We are based in Suburban Philadelphia in Chester County with main locations in West Chester, Kennett Square PA and Downingtown/Exton PA and with satellite locations in Delaware, Lancaster, Montgomery Counties and Center City Philadelphia to fight for your criminal record expungement cases throughout Pennsylvania.
