How Long Does Expungement Take in Pennsylvania

An expungement can help previously convicted defendants effectively wipe their records clean, at least to a certain extent. Unfortunately, expungements are not widely available in Pennsylvania and may be granted only to a select few under specific conditions. The time it takes to be approved for an expungement may vary depending on the charges and the legal channels you pursue.

Expungements are available under very limited circumstances. Depending on your situation, you might get an expungement relatively quickly. For others, it might be decades before you can have your record expunged. Still, some might never get an expungement. Generally, most people would only be eligible for an expungement once they are 70. You might get a faster expungement if you get a pardon from the governor, which is incredibly difficult. If an expungement is not in the cards, your attorney can help you petition for limited access to your records. This is not an expungement, but the general public may be restricted from seeing details about your past conviction.

Contact our Pennsylvania criminal defense lawyers for a free review of your potential case by calling Young, Marr, Mallis & Associates at (215) 372-8667.

When You Can Get an Expungement in Pennsylvania

How long it takes to get an expungement varies based on your charges and how you choose to pursue an expungement. Several legal avenues exist for people seeking to expunge prior convictions, and each option might take a different amount of time. Speak to our Pennsylvania criminal defense attorneys about which option will most help you.

Expungements Generally

In general, expungements are hard to obtain in Pennsylvania. Most people must wait decades before they even become eligible for an expungement. According to 18 Pa.C.S. § 9122(b), an expungement may be granted in one of three ways.

First, you must be at least 70 years old and free from arrest or prosecution for no less than 10 years following the final release from incarceration or supervision. Second, you must be dead for at least 3 years. This option is more helpful to family members of the person seeking an expungement. Third, you may petition the court for the expungement of a summary offense if you have been free from arrest or prosecution for at least 5 years following the conviction for the summary offense you wish to expunge. This applies only to summary offenses, not misdemeanors or felonies.

The first option takes the longest, as you must wait until you are 70 before you can petition for an expungement. The second option is shorter, but the defendant must be deceased. However, this might be a good option for family members who wish to expunge the criminal record of a deceased relative. The last option might take only 5 years, but it only applies to summary offenses, which are relatively minor, and not serious crimes.

Expungement by Board of Pardons

Your record may be automatically expunged if you receive an official pardon from the governor. While a pardon may lead to a fairly quick and automatic expungement, getting the pardon is not easy.

The Board of Pardons in Pennsylvania reviews criminal convictions throughout the state to decide whether any should be recommended to the governor for clemency. You may petition the board to be recommended for clemency, but the odds of success are low, and the board meets only a few times per year. Even if the Board recommends you to the governor for clemency, the governor has the final say and could decide not to grant you a pardon.

It is hard to say exactly how long this takes. Some people are lucky and receive a pardon not long after petitioning the Board. Others might have to submit petitions for many years before they catch a break. Others never receive a pardon.

Specific Expungement Proceedings

According to subsection (a) of Pennsylvania’s statute regarding expungements, a person may have their record expunged under specific conditions.

First, you may get an expungement if there is never a disposition in your case. If there is no disposition within 18 months of arrest and the court with jurisdiction over the case certifies that no disposition is available and no legal action is pending, you may receive an expungement.

Second, you may receive an expungement if a court requires that non-conviction data is expunged. This might involve all the information about your case other than a conviction. For example, arrest records may be expunged this way. Many courts automatically expunge arrest records if the defendant is never convicted or the case is dropped or dismissed. Another example of a court order demanding expungement would be in the case of an official pardon from the governor.

Expungements may be available to specific defendants in cases involving the unlawful purchase, consumption, possession, or transportation of liquor or alcoholic beverages. You must be at least 21 now, and the violation must have occurred when you were no less than 18. You can petition the court to expunge the conviction if you have completed the terms and conditions of your sentence.

Finally, you may get an expungement if you are ultimately acquitted of the charges. This kind of expungement may happen pretty quickly, but getting acquitted first is the tricky part.

Alternatives to Expungements in Pennsylvania

If an expungement is not possible, talk to your attorney about petitioning for limited access under 18 Pa.C.S. § 9122.1(a). If a petition for limited access is granted, the petitioner’s conviction and other records about their conviction may only be disseminated to certain criminal justice agencies. This significantly limits who may access or know about a person’s criminal history. Keep in mind that this is not an expungement. Your criminal record still exists, but the public is restricted from accessing it.

Such a petition may be granted only if the petitioner has remained free from conviction for at least 7 years for an offense punishable by at least 1 year in prison. This may only be available in cases of qualifying misdemeanors and ungraded offenses that carry a penalty of no more than 5 years in prison.

You might instead find relief through the Clean Slate law under § 9122.2(a). If you have been free from conviction or prosecution for at least 10 years since completing your sentence, criminal records and various records of non-conviction data may be shielded from public view. This typically applies to certain misdemeanor offenses, summary convictions, and charges not resulting in conviction. Most felonies, crimes involving weapons, and violent crimes are typically ineligible.

Contact Our Pennsylvania Criminal Defense Attorneys for Help with Your Expungement Petition

Contact our Philadelphia criminal defense lawyers for a free review of your potential case by calling Young, Marr, Mallis & Associates at (215) 372-8667.