Expungement

Expungement is the elimination of court and law enforcement records which is available in some instances following completion of a criminal case. In Pennsylvania, it is available in juvenile cases, and in adult court, on a more limited basis.

An application for expungement must be filed with the Court of Common Pleas in the county where the prosecution occurred. If granted, the court order will affect court and police records, but unfortunately not private record companies over whom the court has no jurisdiction and who must be contacted on an individual basis to correct their records as the need arises.

Expungement is available for underage drinking convictions at age 21 if the sentence imposed has been completed. It is available for other summary criminal and vehicle code convictions if the applicant has been arrest-free for five years.

Under present law, expungement is not authorized for adult misdemeanor or felony convictions. Expungement is, of course, also available if a not guilty verdict is entered or the case dismissed. Although expungement is discretionary with the Pennsylvania courts, it is difficult for the prosecution to convince the court that the need to retain the case records outweighs the harm the applicant suffers if expungement is not ordered.