Attorney Harper offers expungments and the sealing of certain criminal records.

Pennsylvania has one of most worst laws for expungments.  Recently the state tried to pass legislation to reform this area of law and came up with a new law that offers the sealing of certain records.

If you have an underage drinking offense on your record and you are graduating from college then you really should contact my office about having those records expunged, for obvious reasons.

PENNSYLVNIA'S NEW SEALING LAW HAS THESE FEATURES:

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.

• Four or more convictions that were punishable by one or more years
• A simple assault second-degree misdemeanor
• Charged with sexual intercourse with animals (3129)
• Accused of impersonating a public servant (4912)
• Participated in retaliation (4953)
• Involved in retaliation, obstruction or intimidation regarding a child abuse investigation (4958)
• Participated in any crime that involves a sex offender registration (under 42 Pa.C.S. Ch. 97)

The most prominent difference between the new expungement law and the old one is the way that criminal records are reported and kept. If you are granted an expungement under 9122 (the original law), an order comes with this expungement for authorities to dispose of the records, which include fingerprints, photos, and state and county records.

According to Pennsylvania Expungement Law 9122.1, police are required to keep a record of the conviction but are not permitted to share the files with anyone who is outside of law enforcement. Orders that come from judges of the Court Of Common Pleas will be referred to as “limited access” under the new law.

What is a Limited Access Order?

Limited Access makes the new expungement similar to the way that other states seal a conviction. Even though the title of this new Pennsylvania law makes it an expungement, the effect of the law is to seal second and third-degree misdemeanors from public records.

The new expungement law won’t allow anyone who benefits from this law to have gun rights restored. It will also not prevent a district attorney from protesting the old conviction if you are sentenced in the future. When it comes to professional licensing, the agency that is issuing the license will inform the applicant of whether or not the new expungement will be accepted.

CALL TODAY 717-718-8672

EXPUNGEMENTS ARE GOVERNED BY THE FOLLOWING LAW FOUND UNDER TITLE 75 OF THE PA CODE OF STATUTUES:

§ 9122.  Expungement.

(a)  Specific proceedings.--Criminal history record information shall be expunged in a specific criminal proceeding when:

(1)  no disposition has been received or, upon request for criminal history record information, no disposition has been recorded in the repository within 18 months after the date of arrest and the court of proper jurisdiction certifies to the director of the repository that no disposition is available and no action is pending. Expungement shall not occur until the certification from the court is received and the director of the repository authorizes such expungement;

(2)  a court order requires that such nonconviction data be expunged; or

(3)  a person 21 years of age or older who has been convicted of a violation of section 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages), which occurred on or after the day the person attained 18 years of age, petitions the court of common pleas in the county where the conviction occurred seeking expungement and the person has satisfied all terms and conditions of the sentence imposed for the violation, including any suspension of operating privileges imposed pursuant to section 6310.4 (relating to restriction of operating privileges). Upon review of the petition, the court shall order the expungement of all criminal history record information and all administrative records of the Department of Transportation relating to said conviction.

(b)  Generally.--Criminal history record information may be expunged when:

(1)  An individual who is the subject of the information reaches 70 years of age and has been free of arrest or prosecution for ten years following final release from confinement or supervision.

(2)  An individual who is the subject of the information has been dead for three years.

(3)  (i)  An individual who is the subject of the information petitions the court for the expungement of a summary offense and has been free of arrest or prosecution for five years following the conviction for that offense.

(ii)  Expungement under this paragraph shall only be permitted for a conviction of a summary offense.

(b.1)  Prohibition.--A court shall not have the authority to order expungement of the defendant's arrest record where the defendant was placed on Accelerated Rehabilitative Disposition for a violation of any offense set forth in any of the following where the victim is under 18 years of age:

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

Section 5902(b) (relating to prostitution and related offenses).

Section 5903 (relating to obscene and other sexual materials and performances).

(c)  Maintenance of certain information required or authorized.--Notwithstanding any other provision of this chapter, the prosecuting attorney and the central repository shall, and the court may, maintain a list of the names and other criminal history record information of persons whose records are required by law or court rule to be expunged where the individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program or where the court has ordered expungement under this section. Such information shall be used solely for the purposes of determining subsequent eligibility for such programs, identifying persons in criminal investigations or determining the grading of subsequent offenses. Such information shall be made available to any court or law enforcement agency upon request.

(d)  Notice of expungement.--Notice of expungement shall promptly be submitted to the central repository which shall notify all criminal justice agencies which have received the criminal history record information to be expunged.

(e)  Public records.--Public records listed in section 9104(a) (relating to scope) shall not be expunged.

(f)  District attorney's notice.--The court shall give ten days prior notice to the district attorney of the county where the original charge was filed of any applications for expungement under the provisions of subsection (a)(2).