Pennsylvania Motion to Expunge

State:
Pennsylvania
Control #:
PA-SKU-2205
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PDF
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Description

Motion to Expunge

A Pennsylvania Motion to Expunge is a legal request to seal or erase criminal records. This motion is used to ask the court to either completely erase or seal the criminal record from the public view. There are two types of Pennsylvania Motions to Expunge: Expungement for Dismissed Charges and Expungement for Conviction. The Expungement for Dismissed Charges is a motion to remove a criminal record that resulted in a dismissal or the charges were withdrawn. The Expungement for Conviction is a motion to remove a criminal record that resulted in a conviction. The process of filing a Pennsylvania Motion to Expunge involves filing the paperwork with the court, completing a criminal background check, and appearing in court for a hearing. After the court reviews the motion, it will decide whether to grant the expungement request or not.

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FAQ

Expungement/Limited Access Petitions and Orders are filed with the Clerk of Court Office. There is a $155.00 non-refundable filing fee for expungement petitions filed at existing Court of Common Pleas dockets.

Crimes Ineligible for Expungement Assault, kidnapping, sexual offenses, and crimes involving minors typically have longer sentences and are ineligible for expungement, ing to Act 56 ? PA General Assembly. Even if you have a conviction that is eligible for expungement, your personal history can disqualify it.

Generally, the only way to remove a felony or misdemeanor conviction from your record in Pennsylvania is by receiving a pardon from the Governor. These convictions cannot be expunged by a court, unless you are over 70 years old and meet other conditions.

The new Pennsylvania Expungement Law allows second and third-degree misdemeanors to be expunged after ten years, and the crime can only be punishable by a maximum of two years. There are some exceptions to this rule. If any of these exceptions apply, you will not be eligible to have your charges expunged.

Expungement/Limited Access Petitions and Orders are filed with the Clerk of Court Office. There is a $155.00 non-refundable filing fee for expungement petitions filed at existing Court of Common Pleas dockets.

Generally speaking, statewide in Pennsylvania, it takes approximately four to six months. Having an experienced Pennsylvania criminal defense attorney would be your best ally to help maximize the expungement process in terms of how smooth it goes and how quickly it goes.

Any felony or misdemeanor conviction can be expunged if there has been no criminal supervision in the preceding 10 years. Charges that have been pardoned in PA: If you have received a Pardon from the Governor of Pennsylvania, the charges become expungeable.

Any felony or misdemeanor conviction can be expunged if there has been no criminal supervision in the preceding 10 years. Charges that have been pardoned in PA: If you have received a Pardon from the Governor of Pennsylvania, the charges become expungeable.

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Pennsylvania Motion to Expunge