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Pennsylvania Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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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.

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How to fill out Pennsylvania Motion To Expunge Criminal Offender Record Due To Charges Having Been Dismissed?

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The new Clean Slate bill expands eligibility for sealing by: making drug felonies eligible for Clean Slate automated sealing after 10 years, making some property-related felonies eligible for sealing after 10 years, and shortening sealing waiting periods for misdemeanor and summary convictions.

Expungement usually takes about 4 to 6 months. Attorneys typically charge between $700 to to $1000 to expunge your record. Take our free online eligibility test to see if you are eligible to have your PA criminal record expunged.

Under most circumstances, proof of an arrest will not be expunged automatically by the court and therefore it is your responsibility to either file an expungement petition or hire an attorney to file one on your behalf. In all counties other than Philadelphia there are no circumstances where expungement is automatic.

All criminal charges that did not result in a conviction are eligible for expungement in Pennsylvania. For example, charges that are not guilty, withdrawn, dismissed, or nolle prossed are eligible for expungement.

You cannot expunge misdemeanors and felonies unless you are 70 years of age or deceased and other conditions are met. You may be able to apply to have an eligible misdemeanor record sealed, however, or request a pardon for cases involving either misdemeanors, felonies, or both.

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.

Crimes that are eligible for expungement include the following: First-degree misdemeanors with incarceration punishments of less than two years. Second-degree misdemeanors. Third-degree misdemeanors.

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Feb 8, 2023 — In order to have your criminal record expunged, you must file a formal petition ... Individuals whose criminal charges were dismissed by the court ... Feb 23, 2022 — The only way a felony or misdemeanor conviction can be expunged from your record is by receiving a pardon from the Governor. Without a pardon ...Criminal Expungement Process. Fill out and print form SP 4-170. Mail it to the Central Repository address as listed on the form, along with the following:. Petitioner is requesting dismissal of criminal charges and expungement of criminal record for the following reason: . In support thereof, Petitioner has ... Retain one copy for your records. 5. Sign the Affidavit of Service stating that you have served a copy of your Motion for. Expungement on the Commonwealth of ... To obtain an expungement or limited access order, you must petition for the relief in the court of common pleas for the county in which you were cited or ... How Can You Get an Expungement? · Complete Pennsylvania State Police form SP 4-170. · Mail the form along with the required fee, a copy of your photo ... To start the expungement process, you will first need to obtain a copy of your criminal record. Your petition for expungement asks for personal information like ... Dec 22, 2020 — If you have a criminal record, you have options, including trying to get your record sealed or expunged, or applying for a pardon. NOTE - by law, expungements of criminal offenses (misdemeanors/felonies) may only be considered for expungement if the charges were either dismissed, withdrawn, ...

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Pennsylvania Motion to Expunge Criminal Offender Record due to Charges having been Dismissed