Can a felony be expunged in pa?

Can a Felony be Expunged in PA?

In the state of Pennsylvania, the process of expunging a criminal record is governed by the Pennsylvania Expungement statute, which allows for the sealing of certain criminal records from public view. When it comes to felony records, the process is a bit more complex and the eligibility criteria are more strict.

Can a Felony be Expunged in PA?

Yes, but with some conditions. Under Pennsylvania law, a felony conviction can be expunged, but only in limited circumstances.

Eligibility Criteria:

To be eligible for felony expungement in Pennsylvania, you must meet the following criteria:

• The conviction must have been for a non-violent felony.
• The conviction must have been for a non-person offense.
• You must not have any pending criminal charges or proceedings.
• You must not have been convicted of a felony within the past 10 years, unless you can demonstrate extraordinary circumstances.

Types of Felonies that are Eligible for Expungement:

The following types of felonies are eligible for expungement in Pennsylvania:

• Certain drug-related felonies
• Property-related felonies, such as burglary and theft
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• Some types of white-collar crimes

Types of Felonies that are Not Eligible for Expungement:

The following types of felonies are NOT eligible for expungement in Pennsylvania:

• Crimes of violence, such as murder, rape, and assault
• Sex-related crimes
• Certain firearms offenses
• Certain criminal conspiracy charges

Expungement Process:

The expungement process in Pennsylvania involves several steps:

1. Request a petition: You must submit a petition to the court requesting expungement. The petition must be filed in the county where you were convicted.
2. Wait for court approval: The court will review your petition and issue an order granting or denying your request.
3. File a motion for expungement: If your petition is granted, you must file a motion for expungement with the court.
4. Wait for the clerk of courts to process your motion: The clerk of courts will review your motion and ensure that all relevant documents are filed and paid for.
5. Get your record sealed: Once the clerk of courts has processed your motion, your record will be sealed and inaccessible to the public.

Timeline for Expungement:

The timeline for expungement in Pennsylvania varies depending on the type of conviction and the court’s schedule. On average, the process can take anywhere from several months to several years.

Costs Associated with Expungement:

There are several costs associated with expungement in Pennsylvania, including:

• Filing fees: The cost of filing your petition and motion with the court, which typically ranges from $100 to $500.
• Service fees: The cost of serving the district attorney’s office and other parties, which typically ranges from $50 to $100.
• Counseling fees: The cost of hiring an attorney to guide you through the expungement process, which typically ranges from $500 to $2,000.
• Background check fees: The cost of undergoing a background check, which typically ranges from $10 to $50.

Benefits of Expungement:

Expungement can have several benefits for individuals who have been convicted of a felony, including:

• Improved employment opportunities: Expunged records can make it easier to find employment, especially in fields that require criminal background checks.
• Enhanced education and licensing opportunities: Expunged records can make it easier to obtain education and licenses, especially in fields that require criminal background checks.
• Reduced risk of arrest and prosecution: Expunged records can reduce the risk of being arrested and prosecuted for related offenses.
• Reduced stress and anxiety: Expunged records can reduce stress and anxiety caused by having a criminal record.

Conclusion:

In conclusion, while felonies can be expunged in Pennsylvania, the process is complex and has strict eligibility criteria. Understanding the types of felonies that are eligible for expungement, the eligibility criteria, and the process involved can help individuals determine whether they are eligible to have their felony conviction expunged.

Appendix:

Timeline for Expungement

Fees for Expungement

I hope this article provides helpful information about the expungement process in Pennsylvania and whether a felony can be expunged. Remember to consult with an attorney to determine the specific steps and requirements for your particular situation.