Expungements and Limited Access
There are three different methods to remove criminal records from the public docket. This is important as it affects many aspects of your life, family and employment. These actions require petition, filing and research.
I. Expungements – Expungements are typically the best way to go when you are wiping your record clean from the public docket. However, expungements are only applicable for certain cases. Specifically, there must be a finding of:
- Non guilt;
- ARD (Accelerated Rehabilitative Disposition or Pre-Trial Diversionary Program);
- Arrest with acquittal;
- Arrest with no conviction; or
- Withdrawal of criminal charges by the Commonwealth.
If you are convicted of a crime an expungement is not permitted. Convictions must be dealt with through the clean slate or limited access programs. The only exceptions for convictions which allow expungements are:
- 70 years or older;
- Death; and
- Governor’s pardon.
With regard to all expungements or limited access programs, court ordered restitution must be paid in full or you are not permitted an expungement and your petition shall be dismissed.
Prior to calling our offices you should research your charges to ensure that it was a non-conviction, ARD or withdrawal or if it fits in with some of the other exceptions listed above for expungement purposes.
Under new rules the expungement process allows that you do not have to advise an employer of a prior arrest. However, there are always exceptions within this rule.
II. Limited Access –This program limits access to your criminal history. Information can only be supplied to criminal justice agencies upon proper request. The public is denied this information. This program is for persons with some felony and most misdemeanor convictions. The Limited Access Program is not automatic and requires a petition and research. Limited Access is also discretionary with the court.
Eligibility can be listed as follows:
- Offense grade convictions. Some third degree felonies are permitted. Additionally, most misdemeanors of the first, second and third degree are also eligible.
- There are four (4) lookback tests to determine if defendant is eligible. The first test is a ten (10) year look back and you must be ten years conviction free.
- There are other lookback rules. Specifically, the fifteen (15) year lifetime and twenty (20) year lookback. Basically the Commonwealth will look back several years to evaluate if you have a significant conviction record prior to the targeted offense for limited access.
- To be eligible for limited access, you must have paid all court ordered restitution, prior to us filing your petitions.
- The most important thing that all defendants must realize is that under the Limited Access Program you can plead guilty or be convicted of specific crimes and now receive forgiveness and eraser of your records from the public purview. This will spare you embarrassment in the employment field, family relations and overall better feeling about yourself knowing that people will not have the same access to a mistake that you made ten (10) years earlier.
III. Summary Conviction – A summary conviction limited access or expungement type filing can be completed under the new clean slate law and have that petition sealed. This is important for such crimes as retail theft and other problematic dispositions under the summary offense code.
As with all these expungement or record sealing applications you must have paid all court ordered restitution.
Please call the law offices of Steven F. O’Meara at 610-565-9200 to see if you qualify under the new expungement, limited access or summary conviction applications.
