Pennsylvania Expungements Legal Questions

If the charge was dismissed as you say you can simply apply for expungement.  If it was part of a larger agreement where other charges were pleaded to, the Commonwealth may argue that to preserve the record it should remain.  However, it is up to the judges discretion at that point.  If your case was simply expunged you are eligible to have the charges removed and can file the appropriate petition with the local clerk of courts.  ... Read More

Pennsylvania in the last few years has passed new legislation (called Act 5) which does permit the sealing of certain minor, non-violent criminal charges.  In general you have to be crime free for 7-10 years from the time your penalty was served.  There are, however, exceptions for crimes which require reporting under the various iterations of Megan's Law.  Initially it appears the indecent exposure may exclude you from relief.  It would be worth your time to consult with an attorney to see whether you are eligible.  If you are not eligible the only way to have these charges removed from your record is to apply for a pardon from the governor.  This is not a quick process and often times an attorneys touch can help with the application process.  Good luck.  ... Read More

Depends on the final disposition of the case, if you pleaded or were found guilty to a felony you would need a pardon to get it expunged.  This a process that takes years but in cases like yours might have some success.  Otherwise you would need to crime free and in your seventies.  ... Read More

The most likely answer is no.  Felony charges are famously sticky on a persons record.  Given the amount of time since the convcition a pardon may be possible.  That is a long and arduous process that often takes a couple of years.  Absent a pardon there isnt much you can do to remove that charge from your record.  ... Read More

From what you are saying it doesn't sound like a felony. A first time retail theft with merchandise under $150 is a summary offense. If you pleaded guilty at the magistrate to a summary retail theft, it will stay on your record for five years until you can expunge it, if you have been arrest free in those five years. If you have been convicted of a felony, you can never expunge it and it will stay on your record unless you qualify for a pardon, which is a more complicated matter.... Read More

If you were convicted, the statute of limitations does not apply to you. You may be eligible for an expungement under recent changes in the law. I would need to know what grade of crime you pleaded to. For example, is it a felony which you cannot expunge, or a misdemeanor. Some misdemeanors can be expunged. Call a lawyer to share the facts.... Read More

Not sure if I understand the question but your county, wherever you are, may require restitution and court costs to be paid if you petition to expunge. Which leads to my question of, if you were ordered to pay restitution, then you must have pleaded or were found guilty. You cannot expunge a conviction unless it was a summary offense and you have 5 years of arrest free behavior behind you. You should discuss all the facts with a lawyer as I don't have all the facts here and cannot fully answer your question.... Read More

If he was on parole, he was convicted of some sort of felony or misdemeanor. You can only expunge summary offenses (things like disorderly conduct, harassment, etc.) in PA, after 5 years of arrest free behavior. He can apply for a pardon after about 10 years of arrest free behavior. You can look on line at the PA pardon process for more information.... Read More

I looked you up on the AOPC website and there is no reference to the case.  Maybe you got ARD and it was expunged?  It is also possible that any record was archived because it is so old, so I suggest that you obtain a PSP background check to see if it is showing up.  If you were convicted you would need to get a Governor's pardon before it could be expunged.  We handle lots of those and could guide you through the process.  If you were not convicted or got ARD then you would be entitled to the expungement.... Read More

You are not absolutely entitled to a partial expungement (having the felonies removed in a case where you were convicted of lesser charges) but we have had great success in accomplishing this for many clients.  It would be tougher if there was a strong community interest in maintaining the record, for instance if the felonies were sex-related charges but could not be prosecuted because the witness died before trial.  Normally this sort of thing is not the case and it is not a problem.... Read More

Just because you were 302'd does not mean that you can't get relief.  Were you actually committed or is there no paperwork because once you woke up they realized that you did not need to be committed and released you?  Have a lawyer try to obtain the paperwork.  If there is none then you should be able to get it expunged since no one will be able to prove that you were actually committed under the circumstances required by the statute. ... Read More

In Pennsylvania Underage Drinking convictions can be removed once you turn 21 years of age.  Many people make the mistake of "pleading it down" to Disorderly Conduct, but then you have to wait 5 years to expunge.  The advantage is no loss of license.  See our video at http://fairlielaw.net/practice-areas/underage-drinking/ for more information or go to our expungement page to learn about that.... Read More