How do I get my criminal record expunged?
Full Question:
I was charged with a number of different felonies and misdemeanors, yet I only pled guilty to one, at this point I am unemployable because all of the other charges still come back on my background check. Can I have my record expunged, if not can I have the original charges expunged considering that I was never convicted of them?
11/14/2007 |
Category: Criminal ยป Expungement ... |
State: Pennsylvania |
#12222
Answer:
The following are Pennsylvania statutes:
18 Pa.C.S.A. § 9122. Expungement
(a) Specific proceedings. — Criminal history record information shall
be expunged in a specific criminal proceeding when:
(1) no disposition has been received or, upon request for criminal
history record information, no disposition has been recorded in the
repository within 18 months after the date of arrest and the court of
proper jurisdiction certifies to the director of the repository that no
disposition is available and no action is pending. Expungement shall not
occur until the certification from the court is received and the director
of the repository authorizes such expungement;
(2) a court order requires that such nonconviction data be expunged; or
(3) a person 21 years of age or older who has been convicted of a
violation of section 6308 (relating to purchase, consumption, possession
or transportation of liquor or malt or brewed beverages) petitions the
court of common pleas in the county where the conviction occurred seeking
expungement and the person has satisfied all terms and conditions of the
sentence imposed for the violation, including any suspension of operating
privileges imposed pursuant to section 6310.4 (relating to restriction of
operating privileges). Upon review of the petition, the court shall order
the expungement of all criminal history record information and all
administrative records of the Department of Transportation relating to
said conviction.
(b) Generally. — Criminal history record information may be expunged
when:
(1) An individual who is the subject of the information reaches 70
years of age and has been free of arrest or prosecution for ten years
following final release from confinement or supervision; or
(2) An individual who is the subject of the information has been dead
for three years.
(b.1) Prohibition. — A court shall not have the authority to order
expungement of the defendant's arrest record where the defendant was
placed on Accelerated Rehabilitative Disposition for a violation of any
offense set forth in any of the following where the victim is under 18
years of age:
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 5902(b) (relating to prostitution and related offenses).
Section 5903 (relating to obscene and other sexual materials and
performances).
(c) Maintenance of certain information required or authorized. —
Notwithstanding any other provision of this chapter, the prosecuting
attorney and the central repository shall, and the court may, maintain a
list of the names and other criminal history record information of
persons whose records are required by law or court rule to be expunged
where the individual has successfully completed the conditions of any
pretrial or post-trial diversion or probation program. Such information
shall be used solely for the purpose of determining subsequent
eligibility for such programs and for identifying persons in criminal
investigations. Criminal history record information may be expunged as
provided in subsection (b)(1) and (2). Such information shall be made
available to any court or law enforcement agency upon request.
(d) Notice of expungement. — Notice of expungement shall promptly be
submitted to the central repository which shall notify all criminal
justice agencies which have received the criminal history record
information to be expunged.
(e) Public records. — Public records listed in section 9104(a)
(relating to scope) shall not be expunged.
(f) District attorney's notice. — The court shall give ten days prior
notice to the district attorney of the county where the original charge
was filed of any applications for expungement under the provisions of
subsection (a)(2).
18 Pa.C.S.A. § 9125. Use of records for employment
(a) General rule. — Whenever an employer is in receipt of
information which is part of an employment applicant's criminal
history record information file, it may use that information for
the purpose of deciding whether or not to hire the applicant,
only in accordance with this section.
(b) Use of information. — Felony and misdemeanor convictions
may be considered by the employer only to the extent to which
they relate to the applicant's suitability for employment in the
position for which he has applied.
(c) Notice. — The employer shall notify in writing the
applicant if the decision not to hire the applicant is based in
whole or in part on criminal history record information.
35 P. S. § 780-119. Expunging criminal records
(a) Any records of arrest or prosecution or both for a criminal
offense under this act, except for persons indicted for
violations of clause (30) of subsection (a) of section 13,[fn1]
or under the provisions previously governing controlled
substances in the Commonwealth of Pennsylvania or any political
subdivision thereof shall be promptly expunged from the official
and unofficial arrest and other criminal records pertaining to
that individual when the charges are withdrawn or dismissed or
the person is acquitted of the charges: Provided, That such
expungement shall be available as a matter of right to any person
only once. Within five days after such withdrawal, dismissal or
acquittal the court, in writing, shall order the appropriate
keepers of criminal records (i) to expunge and destroy the
official and unofficial arrest and other criminal records of that
individual, to request in so far as they are able the return of
such records as they have made available to Federal and other
State agencies, and to destroy such records on receipt thereof;
and (ii) to file with the court within thirty days an affidavit
that such records have been expunged and destroyed, together with
the court's expunction order and to retain no copies thereof.
Upon receipt of such affidavit, the court shall seal the same
together with the original and all copies of its expunction order
and shall not permit any person or agency to examine such sealed
documents.
The court shall file with the council a list of those persons
whose record was expunged. The council shall maintain a
confidential list, which list may be used only for the purpose of
determining the eligibility of persons for the expunction
provisions under this section and to be made available to any
court upon request.
(b) Any expunged record of arrest or prosecution shall not
hereafter be regarded as an arrest or prosecution for the purpose
of any statute or regulation or license or questionnaire or any
civil or criminal proceeding or any other public or private
purpose. No person shall be permitted to learn of an expunged
arrest or prosecution, or of the expunction, either directly or
indirectly. Any person, except the individual arrested or
prosecuted, who divulges such information in violation of this
subsection shall be guilty of a summary offense and shall, upon
conviction thereof, be punished by imprisonment not exceeding
thirty (30) days or a fine not exceeding five hundred dollars
($500) or both.
(c) Nothing contained in this section shall prohibit a person
acting pursuant to prior practice from petitioning an appropriate
court for an expunction order.
[fn1] 35 P. S. § 780-113.