Can You Get a Felony Expunged in PA?
In the state of Pennsylvania, expungement laws vary depending on the type of crime and the individual’s circumstances. In this article, we will delve into the process of expunging a felony conviction in Pennsylvania and answer the question: Can You Get a Felony Expunged in PA?
What is Expungement?
Expungement is the legal process of sealing or erasing a criminal record, making it inaccessible to the public and limiting its impact on an individual’s life. In Pennsylvania, expungement is also known as "record clearance."
Felony Expungement in Pennsylvania
Unfortunately, felonies cannot be fully expunged in Pennsylvania. However, there are certain circumstances where a felony conviction can be sealed or "expunged" for certain purposes. This is known as Partial Expungement.
Eligibility for Partial Expungement
To be eligible for partial expungement, the following conditions must be met:
- The individual has been free from arrest or conviction for at least 5 years since the completion of their sentence.
- The individual has not been convicted of any new crimes during the 5-year period.
- The individual has not been adjudicated a sexually violent predator.
Partial Expungement Process
The partial expungement process in Pennsylvania involves submitting a petition to the court where the felony conviction was originally handled. The petition must include:
- A statement of the grounds for the petition
- A statement of the relief sought
- A certification of the individual’s criminal history
- A fee (currently $65)
The court will then review the petition and may conduct a hearing to determine whether to grant the partial expungement.
Consequences of Partial Expungement
If the court grants partial expungement, the following consequences may apply:
- The felony conviction will be sealed from public access, but may still be accessible to law enforcement and certain government agencies.
- The individual’s criminal record will be updated to reflect the partial expungement.
- The individual may still be required to disclose the felony conviction on certain documents, such as job applications or licensing forms.
Table: Felony Expungement Timeline
| Time Frame | Eligibility |
|---|---|
| 5 years since completion of sentence | Individual can apply for partial expungement |
| 10 years since completion of sentence | Individual can apply for automatic expungement of misdemeanors (not felonies) |
Automatic Expungement of Misdemeanors
While felonies cannot be fully expunged in Pennsylvania, misdemeanors can be automatically expunged after 10 years since the completion of the sentence. This is known as Automatic Expungement.
Automatic Expungement Process
The automatic expungement process in Pennsylvania is a more straightforward process compared to partial expungement. The court will automatically expunge the misdemeanor conviction 10 years after the completion of the sentence, without the need for a petition or hearing.
Conclusion
In conclusion, while felonies cannot be fully expunged in Pennsylvania, there are certain circumstances where a felony conviction can be sealed or "expunged" for certain purposes. Individuals who meet the eligibility criteria can apply for partial expungement, which may limit the accessibility of their criminal record. It is essential to consult with an attorney to determine the best course of action and to navigate the complex process of expungement in Pennsylvania.
Important Notes
- This article is for informational purposes only and is not intended to be legal advice.
- Individuals seeking to expunge a felony conviction should consult with an attorney to determine their eligibility and the best course of action.
- The laws and regulations surrounding expungement in Pennsylvania are subject to change, and it is essential to stay informed about any updates or changes.
