June 30, 2017By Brian Manchester
In the state of Pennsylvania there are three ways to have your record expunged. The most common way is when an individual completes the ARD program the charges that were part of that program are eligible for expungement. The next way is if you are over the age of 70 and not arrested within the last ten years. And the final way is if you have been dead for three years. There are currently no other ways in PA to receive an expungement.
The question I hear then is what about that law that was signed about a year ago that keeps employers from seeing my records. Yes that law exists and it is called a limited access expungement. What is actually does is not expunge your criminal records but seals them from employers. The legal system and police will still be able to access your criminal records.
The limited-access provision can be requested for second or third degree misdemeanor convictions, including ungraded offenses, provided that the individual has completed all punishments relating to the convicted offense and has had a clear criminal record for at least ten years. The law excludes some individuals from the limited-access process. Individual if they have offenses punishable by more than two years in prison, four or more offenses punishable by one or more years in jail, some misdemeanors like simple-assault offenses, some sex-crimes offenses, witness intimidation offenses, and offenses that require Megan’s Law registration. If you and your convictions meet this criteria then you can apply for the limited access expungement.
New Legislation is being worked through Harrisburg to provide a “clean slate” for Pennsylvanians with a criminal record passed the Senate on June 2, 2017 unanimously. Senate Bill 529 would provide those with low-level, nonviolent criminal records a mechanism to have their record automatically sealed from public view. Again this is not an expungement but a sealing of the records. Should this legislation pass through the house and be signed by the Governor then this would give people another avenue to restrict access to their criminal history for minor offenses.
If you, your son, daughter, loved one in Pennsylvania were charged with a crime in Pennsylvania and want to see if your record can be expunged or sealed or have been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates we represent people across the Commonwealth of Pennsylvania. For a free consultation we can be contacted at 1-800-243-4878.