1. EXPUNGEMENT
Finding out if you’re eligible, what to
do if you’re eligible, and how to file
for expungement.

2. What is expungement?
 A legal process by which some criminal
offenses can be removed from a criminal
record.
 An expunged offense will not show up on a
criminal background check.
 The expunged offense will, however, still
be available to courts and law enforcement
officials.

3. Helpful Definitions and
Explanations
 Accelerated Rehabilitative Disposition (ARD) An ARD program is a pre-trial intervention
program.
 Ordinarily available only for first-time offenders; must
be for a minor offense like some summary and court
cases. ARD programs are not an option for more
serious offenses.
 The offender must apply for ARD to the District
Attorney’s Office.

4.  ARD, Cont’d
 For Delaware County, the address for the
D.A.’s Office is 201 W. Front Street, Media,
PA 19063. Contact either Louis Stesis, Chief of
ARD (610-891-4193) or James Miller,
Supervisor of ARD (610-891-4183).

5.  court case - this describes misdemeanors and
some other cases heard before the Pa. Court of
Common Pleas
 primary case - this refers to the court case you
want to expunge
 summary case/offense - a minor crime that can
tried before a judge without a jury. Some
examples under Title 18 include:
 Criminal mischief causing less than $150 in damage - §3304
 “Shoplifting” - retail theft when first offense and less than
$150 stolen - §3929
 Passing or issuing a bad check worth less than $200 - §4105
 Disorderly conduct if there is no intent to cause harm and/or
no reasonable warning to desist - §5503

6.  Examples of summary offenses, cont’d
 Public drunkeness - §5505
 Misrepresentation of age to get liquor, if first offense §6307
 “Underage drinking” - purchase, possession, consumption,
or transport of alcohol by a minor, if first offense - §6308
 “Fake ID” - carrying a false identification card, if first
offense - §6310.3
 “Littering” - scattering rubish when not the owner/operator
of a trash truck - §6501
 Keeping library property after notice to return for more than
30 days - §6708
 Illegal use of shopping carts or laundry carts - §6712

7.  disposition - the court’s final determination
or ruling on a charge
 pro se - Representing yourself without a
lawyer. The court is unlikely to give help or
special treatment to a pro se party.
 A client may have to appear in court. The client
will be expected to know and follow that court’s
procedure and rules. When appearing in court,
dress professionally.

8. There are a variety of circumstances
in which expungement is available.
Three common bases for seeking
expungement are:
• Successful completion of an ARD
program (Pa. R. Crim. P. 320)
• Summary cases (Pa. R. Crim. P. 490)
• Court cases (Pa. R. Crim. P. 790)

9. Eligibility for Accelerated
Rehabilitative Dispositions
(ARD)
• Satisfactory completion of ARD program for
the offense you want expunged and
• Full payment of all required fees and costs.
• However, there are some offenses that
despite successful completion of an ARD
program, expungement is unavailable.

10. • If the victim was under 18 years old,
expungement is unavailable where the
offense relates to:
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•
•
•
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Rape
Statutory sexual assault
Involuntary deviate sexual intercourse
Sexual assault
Aggravated indecent assault
Indecent exposure
Prostitution and related offenses
Obscene and other sexual materials and
performances

11. Eligibility for Summary
Offenses
• Three scenarios
• 1) If client pled guilty or was convicted
of a summary offense and client meets
the 5 year requirement:
• Client has not been arrested or prosecuted
for any crime in any county for 5 years
after the summary offense he or she
wishes to expunge.

12. • 2) Client has successfully completed an
alternative punishment program for that
offense.
• 3) The offense was otherwise
dismissed.

13. Eligibility for Court Cases
• Five scenarios
• 1) There is no record of a disposition by
the court within 18 months of arrest for
that offense, it is verified that no
disposition is available, and no action is
pending for that offense.
• 2) A court orders the expungement of
that offense.

14. • 3) Client is at least 21 years old, the
case was a conviction for underage
drinking (including purchase,
possession, consumption or transport)
or minor’s law, and client has completed
all terms and conditions of the sentence
imposed.

15. • 4) Client is at least 70 years old and has
not been arrested or prosecuted for 10
years after his or her final release from
confinement or supervision.
• 5) Client is filing for expungment on
behalf of someone who has been
deceased for at least 3 years.

16. Additional circumstances
where expungement may be
sought:
• Juvenile records.
• Non-conviction
• The Controlled Substance, Drug,
Device, and Cosmetic Act:
• Charge withdrawn or dismissed.
• Acquitted of charge.

17. Juvenile Records
• The general rule is that juvenile court
proceedings are not open to the public.
• This information is limited to the court’s judges,
staff, and officers, the parties involved and their
counsel, custodial agencies or institutions, and
other necessary professionals.
• Depending on the offense, however, some
information is in fact open to the public.

18. Expunging records of juvenile
delinquency
• The offender or parent/guardian of offender
files a motion with the court.
• The juvenile record can be expunged if the
court finds (the following are several
examples):
• (1) a complaint against the offender is
unsubstantiated, or the court dismisses the
complaint and accompanying petition
• (1.1) a filed allegation was not approved for
prosecution

19. • …if the court finds… (cont’d)
• (1.2) It has been 6 months since the offender
successfully completed an informal adjustment,
and no adjudication/conviction proceeding is
pending
• (2) It has been 6 months since final discharge
from supervision, under a consent decree or
diversion program, and no adjudication/conviction
proceeding is pending

20. • …if the court finds… (cont’d)
• (4) the District Attorney agrees to expunge and the
court orders expungement after weighing these
factors:
• Type of offense
• Age, criminal activity, employment history, and any
drug/alcohol problems
• “Adverse consequences the individual may suffer if the
records are not expunged,” and
• Whether keeping the record is necessary to protect
public safety.

21. Non-conviction
• A simple acquittal on the charge allows for
expungement of the related criminal record.
• If the defendant is not convicted, but not
wholly acquitted, expungement depends on
the circumstances.
• Typically, the burden is on the state to show
compelling evidence of why the record should
be retained despite the lack of a conviction.

22. Under The Controlled
Substance, Drug, Device, and
Cosmetic Act
• Save for a few exceptions, any records
of arrest or prosecution under the Act
are to be expunged from an individual’s
criminal record if:
• The charge is withdrawn or dismissed
(counts for nol pros) or
• He or she is acquitted of that charge.

23. Filing for Expungement
 Locate your criminal records.
 Necessary documents and forms.
 Where to file for the expungement.

24. Criminal Records
• Some information you will need to
know:
– The crimes you were charged with
– The date of the arrest
• Other information depends on the
nature of the offense you are seeking
expungement for.

25. How to Obtain Records
• Visit the Pa. State Police website
– There is a $10.00 fee to access the
records
• If an attorney represented your
client, the client can contact the
attorney; the attorney should have
accurate records of the offenses he
or she represented the client for.
– Attorney may charge a fee for copies

26. Necessary Documents
and Forms
• A cover sheet
• The proper expungement form (will depend
on whether it is for a summary case, court
case, etc.)
• The filing fee (may vary per county).
• A current (obtained no more than 60 days
before actual filing) copy of client’s PA
State Police criminal record

27. Some information likely
needed for the form:
• Your client’s name (and any aliases),
address, date of birth, SS number.
• Docket number.
• The disposition of the charge or case,
along with any penalty, such as fines
and costs.
• Reason(s) for expungement

28. Where to File
• The paperwork for your expungement must
be filed with:
– The office of the prothonotary for the county where
the offense was committed.
• A copy of the paperwork must also be filed
with:
– The District Attorney’s Office for the county where
the offense was committed.

29. • Offense committed in Delaware County:
– Office of Judicial Support
Government Center, Room 126
201 W. Front Street
Media, PA 19063
– Phone: 610-891-4370

30. Delaware County D.A.’s
Office
• Office of the District Attorney
Delaware County Court House
201 W. Front St.
Media, PA 19063
• Phone: 610-891-4162
• Hours: 8:30 am - 4:30 pm, MondayFriday

31. • Offense committed in Philadelphia
County:
– Office of the Prothonotary
First Judicial District of Pennsylvania
Room 284, City Hall
Philadelphia,
PA 19107
– Phone: 215-686-6652
– Hours: 9:00 am - 5:00 pm, Monday - Friday

32. Philadelphia D.A.’s Office
• Office of the District Attorney
3 S. Penn Square
Philadelphia, PA 19107
• Phone: 215-686-8000

33. • Offense committed in Chester County:
– Chester County Prothonotary
201 W. Market Street, Suite 1425
P.O. Box 2746
West
Chester, PA 19380
– Phone: 610-344-6300
– Hours: 8:30 am - 4:30 pm, Monday - Friday

34. Chester County D.A.’s
Office
• Office of the District Attorney
201 W. Market St., Suite 4450
P.O.
Box 2746
West
Chester, PA 19380
• Phone: 610-344-6801
• Hours: 8:30 am - 4:30 pm, Monday Friday

35. Once filing is completed
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

Summary and Court Cases:
The District Attorney’s Office
has 30 days to file a consent, an
objection, or take no action.
After a judge receives the D.A.’s
response, the judge will grant or
deny the petition, or the judge
will schedule a hearing.

36. If a hearing is scheduled:


The parties will be given an
opportunity to be heard.
Your client will want to show the
judge that he or she is
responsible, deserving of the
requested expungement, and
will not be a risk of future
offenses.

37. Grant or Denial of
expungement


Granting expungement is up to
the judge. It is at his or her
discretion.
A denial can be appealed, but
the reviewing court will review
for an abuse of discretion. (This
weighs in favor of the trial court
judge.)