Rebuild Your Life by Erasing Offenses from Your Record in Berks County
Reading law firm helping clients find a new path
Expungement is the elimination of court and law enforcement records. In Pennsylvania, it is available for most juvenile cases and some adult cases. At David R. Eshelman, A Professional Corporation, we assist minors and adults with the entire process of expungement and correction of records.
Who is eligible for expungement?
There is a limited group of people eligible for expungement in Berks County and in Pennsylvania, including:
- Those who have completed the Accelerated Rehabilitative Disposition (ARD) program run by the court.
- Underage drinking convictions may be expunged when the minor becomes 21. Adult DUI convictions are not eligible for expungement under present law.
- People convicted of summary criminal offenses at least five years ago, under certain circumstances.
- Those subject to criminal charges that were dismissed or withdrawn, and those who were found not guilty after trial.
Expungement gives you a second chance: Your record is clear, opening up more job, school and other opportunities.
The Pennsylvania expungement process
David R. Eshelman can handle the whole expungement process from start to finish. The motion for expungement is filed with supporting paperwork and may be set for a hearing before a judge of the Court of Common Pleas. The Order of Expungement proceeds to the clerk of courts, who notifies all agencies with a copy of the expungement order that records relating to your charges should be destroyed. The entire process may take several months.
Limited Access (Record Sealing)
If you are not eligible for expungement, you may be able to have your records sealed. Sealed records are available for law enforcement and state licensing purposes, but are not available to the public. Individuals do not need to disclose sealed records for employment or other purposes.
Records can be sealed for convictions of qualifying misdemeanors or ungraded offenses. An individual must be free from conviction of certain offenses for a period of 10 years and must have completed each court-ordered financial obligation of the sentence. The records sealing process is the same as for expungement.
Clean Slate Limited Access (Record Sealing)
The “Clean Slate Act” provides for automatic sealing of qualifying criminal cases, starting around July, 2020. Automatically sealed cases will include dismissed cases, and many non-violent misdemeanors and summary convictions (after 10 years without a new conviction for certain offenses). Completion of all court-ordered financial obligations of the sentence must have occurred.
More misdemeanor convictions are eligible to be sealed by filing a petition. Some 1st degree misdemeanors and 2nd or 3rd degree simple assault convictions are included.
1st degree misdemeanors involving violent crimes and sexual offenses cannot be sealed. You cannot seal misdemeanors if:
- You have had a disqualifying conviction in the last 10 years.
- You ever had a 1st degree felony conviction.
- You have 2 or more felony or 1st degree misdemeanor convictions in the last 15 years.
- You have 4 or more convictions in the last 20 years (excluding 3rd degree misdemeanors).
Get a better, brighter life in Berks County with an expungement
Based in Reading, Pennsylvania, David R. Eshelman, A Professional Corporation, knows the rules and requirements that the people of Reading and all of Berks County may rely on in successfully filing an expungement. Don’t let the time and extent of documentation slow you down — for more than 40 years, friends and neighbors have relied upon our vigorous representation and knowledge of the law, the Constitution and the courts to protect and guide them. Contact us online today or call 877.442.9704 for your initial consultation.