Criminal convictions can carry many punishments, but arguably the most impactful is a criminal record. Even after you have served your sentence and paid restitution for a crime, a mark on your record can follow you for life. In some ways, this feels like continuous and ending punishment for an offense, and can limit your future opportunities substantially. Understanding the process of expungement of criminal records in Pennsylvania is crucial for taking your life back.
Expungement can help people who are suffering because of a mistake, either of their own or by the legal system. It can mean gaining a new lease on life after a legal struggle and moving on from the major strains and stigma of a criminal past. Expungement depends on several factors, related to both the facts of your case and your own personal details. Working with an expungement attorney can help you to pursue this legal option and gain a clean slate.
What Is Expungement and How Can It Help You?
Expungement is a court process that directs eligible criminal records to be destroyed or otherwise removed from public access per Pennsylvania law. This process is highly sought after by those who struggle to readjust to normal life after facing a criminal charge.
This process can limit what employers, landlords, and other individuals find when they search for information about you. Having a legal matter expunged from your record can transform a background check from a tense burden to a casual formality, and may help with matters such as:
- Securing employment opportunities like jobs, promotions, and security clearances
- Admission to educational institutions for both undergraduate and graduate programs
- Earning professional licensing for trades, self-employment, or other professional needs
While many people consider the formal and professional benefits of a successful expungement case, the perks are also personal in nature. When a person can lift the burden of a criminal record, it can have wonderful effects on their life, including increased privacy regarding their past resolved legal matters. It can also result in more harmonious relationships with family, friends, and community members, and higher self-esteem due to a restored reputation.
What Does the Law Say About Expungement?
Pennsylvania expungement laws, like 18. PA.C.S. Section 9122 outlines when criminal history records may be expunged. Pennsylvania’s Clean Slate Act provides that some eligible non-violent criminal records can be sealed automatically, including summary offenses after 5 years, misdemeanors after 5 to 7 years, and certain drug felonies after 10 years.
However, while a person can have their record automatically sealed from public searches after a set period, this can create many problems and limitations in their life until then. When you hire an expungement lawyer, they can help you pursue a quicker resolution so you can destroy the record and potentially take back your life sooner.
Statistics Regarding Crime and Expungement in Pennsylvania
Pennsylvania sees a reported 219,803 crimes per year, or 16.81 per 1,000 residents. While many of these are violent crimes, as over 60,000 have been reported so far in 2026, many are non-violent crimes. Pennsylvania property crimes occurred at a rate of 1,435 per 100,000 people in 2024, and some of these, like trespassing or minor retail theft, may be eligible for expungement depending on the circumstances.
FAQs
Is Sealing the Same as Expungement?
No, sealing is not the same as expungement. Sealing locks records from public searches, but they could potentially be reopened later under certain circumstances. Expungement means that records are destroyed, so they can no longer be recovered. While the latter option can take more effort to achieve, it can provide more freedom from past charges being searched and discovered.
How Can a Lawyer Help With Expungement?
A lawyer can help with expungement in multiple ways. They can file the necessary paperwork to begin the process and accompany you to all court hearings related to the matter. They can also work to build evidence of your character and help demonstrate that you have maintained a clean record since your conviction, increasing the chance of a successful verdict.
What Can Increase the Chance of an Expungement?
Several factors can increase the chance of an expungement. This includes a person’s age, as older records may be looked on as less impactful to a person’s current character, especially if they have remained arrest-free since the incident in question. In addition, minor offenses are more likely to be expunged, such as disorderly conduct, small retail theft, or non-criminal traffic violations.
How Does the Expungement Process Work?
The expungement process typically starts with obtaining a criminal history from a criminal docket. The eligibility of the potential expungement is considered under Pennsylvania law, and then a petition is filed in the proper court. Required agencies and prosecutors are served, then a hearing is required. If successful, a court order will be granted, and time may be needed to update records.
Are Dismissed Cases Automatically Expunged?
No, dismissed cases are not automatically expunged. If a case is dismissed, withdrawn, or acquitted, the matter may still stay on your criminal record. Even if you weren’t proven guilty, the association with the case could limit your future opportunities and result in societal marginalization. A skilled lawyer can help you work to expunge a dismissed case so that the matter doesn’t continue to cause you trouble.
Hire an Expungement Lawyer to Clear Your Name
Louis W. Emmi, Attorney at Law, brings a talented team that is up to the task of unlocking your future. We can pursue every legal option in the quest to expunge your records. While you may feel a sense of embarrassment and apprehension in life due to this past legal matter hanging over your head, our team shows each client respect and courtesy.
Our attitude is cooperative, courteous, polite, and professional. We know how mistakes and misunderstandings can make a person feel marginalized and forever marked by their crime. But with 40 years of legal experience, we can provide the legal knowledge, respectable courtroom presence, and compassionate counsel that you need to pursue expungement.
We have earned many coveted industry accolades and five-star reviews for our diligent commitment to justice. You have served your sentence, so there is no reason to keep being punished for the past. Contact our office today.
