Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.
All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.
Pennsylvania Motion to Expunge Criminal Offender Record due to Charges having been Dismissed: A Detailed Description In Pennsylvania, individuals who have had criminal charges dismissed have the opportunity to file a Motion to Expunge their Criminal Offender Record. This legal process allows individuals to have their record completely erased or marked as expunged, ensuring that their criminal history will no longer be accessible to the public or potential employers. Keywords: Pennsylvania, Motion to Expunge, Criminal Offender Record, Charges Dismissed Types of Pennsylvania Motions to Expunge Criminal Offender Records: 1. General Motion to Expunge: This type of motion is filed by individuals who have had their charges dismissed, whether through acquittal, withdrawal, or some other legal determination. By filing this motion, individuals seek to permanently remove any trace of the dismissed charges from their criminal record. 2. Motion to Expunge Arrest Record: In Pennsylvania, even if charges have been dismissed, the arrest itself can still show up on a person's criminal record. Therefore, individuals can file a motion specifically targeting the expungement of the arrest record associated with the dismissed charges, ensuring a clean slate. 3. Post-Conviction Relief Act (PRA) Expungement Motion: Under the Pennsylvania Post-Conviction Relief Act, individuals who have been wrongfully convicted or whose conviction has been overturned can file a motion for expungement. This motion is filed after successful post-conviction proceedings, and if granted, it results in a complete removal of the criminal record from public view. 4. Accelerated Rehabilitative Disposition (ARD) Expungement Motion: ARD is a pre-trial program in Pennsylvania typically aimed at first-time, non-violent offenders. Upon successful completion of the ARD program, individuals may be eligible to file a motion for expungement, effectively wiping their record clean. 5. Juvenile Expungement Motion: Juveniles who have had their charges dismissed or have successfully completed diversionary programs like probation or counseling can file a motion to expunge their juvenile criminal record. This process allows them to start fresh and not be burdened by their past mistakes. 6. Summary Offense Expungement Motion: Summary offenses are minor crimes in Pennsylvania, such as disorderly conduct or retail theft. After successfully completing all requirements, individuals can file a motion to expunge their summary offense from their criminal record, preventing it from adversely affecting their future opportunities. By filing the appropriate Pennsylvania Motion to Expunge Criminal Offender Record due to Charges having been Dismissed, individuals can take steps towards clearing their name and securing a brighter future without the stigma of a criminal record. It is important to consult with a qualified attorney to determine the most applicable type of motion and ensure a smooth expungement process.