Expungements: A Quick Answer on How or If You Can Clear Your Record
One of the most frequent questions I get comes from people who call me after their trial is over:
"How can I get my record expunged?"
That is, folks want to erase any record of their arrest or conviction from their public criminal files. Expungements have become increasingly important as the internet has made significant portions of criminal records readily available to potential employers or schools. In the old days, if you were convicted of simple assault during a hunting trip in McKean County, someone would have to make the seven hour drive to Smethport, wait until the Prothontary and Clerk of Courts Office opened, and spend a day going through stacks of old files.
Now, they can just type your name here.
First, a hard truth: a conviction cannot be expunged in Pennsylvania. It doesn't matter how long ago it was, how young you were, or how it will negatively impact your ability now to get a security clearance or a promotion. Once you are convicted of a misdemeanor or a felony, it stays on your record.
The only exceptions to this ironclad rule are summary offenses, also known as citations. These are matters like very small shoplifting offenses or disorderly conduct citations, were you simply paid a fine to the local district judge. Under a new law, if you remain arrest and conviction-free for five years following your summary conviction, you can get that conviction expunged.
Even if you can't get those old convictions expunged, you can be pardoned by the Governor. Unlike the politics and histrionics surrounding Presidential pardons, any citizen can apply for a pardon directly through the Board of Pardons in Harrisburg.
If you are acquitted of a charge, that is found not guilty, you are entitled to an expungment of that charge from your record.
The tricky part comes if you pled guilty to one charge. Are you entitled to an expungment of the remaining charges? Often, the state will argue that you are not, as law enforcement needs to keep records of what you were suspected of doing. Of course, if the state withdraws a charge because they do not have enough evidence to convict you, then should get that information expunnged. Commonwealth v. Hanna is a case decided in January that covers the finer points of this nuanced issue.
If after reading this, you think you are eligible for an expungement, talk to a lawyer who can explain the process of pettioning for an expungment, which typically involves consultation wtih the local District Attorney's Office. A lawyer can also help you through the pardons process, although you do not need a lawyer to apply for a pardon.
