Click for Video: Expungement Explainer 

Expungement is when a criminal record is completely erased. When a record is expunged, no one—not even the police or courts—have access to it. After a record has been expunged, it no longer exists. Not many kinds of records can be expunged, so please see below for more information about the expungement process.

What charges can be expunged?

Non-convictions, which are charges that did not result in a conviction, can be expunged immediately. This includes charges that were “Dismissed”, “Withdrawn”, “Not Guilty”, and “Nolle Prossed”. Summary convictions can be expunged as long as you have been arrest free for five years following the conviction and paid all fines and costs.

Additionally, if you completed a diversion program such as ARD, the Small Amount of Marijuana Program, or Section 17, your charges can be expunged. Convictions for those who are 70-years old and older and have been arrest free for 10 years can be expunged. Many juvenile records can also be expunged. 

How does the expungement process work?

The first step in the expungement process is to file an expungement petition. If you are low-income, you may be eligible for free legal assistance with filing petitions to clear up your record. To find a legal aid organization in your county, visit this site.

If you want to find a private lawyer to help you, you can contact the Pennsylvania Bar Association Lawyer Referral Service at (800) 692-7375; M-F 8-4:30. 

You may be able to file petitions on your own using the forms for expungement available here. Please note that there are filing fees for each petition you file. Before you file, you should call the court clerk’s office in the county where the arrest took place to find out what documentation you will need.

The District Attorney in your county will have a chance to weigh in. Usually if the DA agrees, the petition will be granted. If the DA objects, you may need to attend a hearing. The burden is on the DA to show why they should be able to keep the record, but it is helpful for you to explain to the Judge why you need an expungement and how having a record has harmed you. If the court grants the expungement, they will send an expungement order to the Pennsylvania State Police. Several months after the State Police receives the court order, the record will be expunged. The State Police will also tell the FBI to expunge their records. The court will also tell private background check companies to expunge their records. 

What charges cannot be expunged?

Currently, misdemeanor convictions and felony convictions cannot be expunged, unless you are over 70 years of age and have a 10 year period free from arrest. Many non-violent misdemeanor convictions are eligible for sealing. For more information about the sealing process, visit this site. The only way to clear felony convictions and more serious misdemeanor convictions from your record is to apply for a pardon. You can find instructions on how to obtain a pardon application here.