Expungement of Records is a procedure whereby a court orders the annulment and destruction of records of an arrest or other court proceedings. Barron's Law Dictionary - Third Edition
Act 5 of 2016 amends Title 18, section 9121(b) and 9122.1 and is effective November 12, 2016. This Act amends the Crime Code by adding a section concerning orders for limited access
. Only certain convictions for 2nd or 3rd degree misdemeanors or ungraded offenses which carry no more than 2 years in prison may be the subject of an order.
1. Expungement under ARD Program – Expungement under ARD (Pa.R.Crim.P. 320 provides that the judge shall order the expungement of the defendant’s arrest record when the judge orders the dismissal of the charges against the defendant.
2. Expungement under the Controlled Substance, Drug, Device and Cosmetic Act –
(35 P.S. § 780-119) provides for the expungement of records of arrest and/or prosecution
for offenses under the act upon order of court.
a. 35 P.S.§ 780-119(a) provides in part that the court shall file with the council a list of those persons who were charged with a violation of the Controlled Substance, Drug and Device, and Cosmetic Act, except for Title 35 P.S. §780-113(a)(30), in which the charges were withdrawn, dismissed or the person acquitted.
3. Expungement of Juvenile Records is specified under 18 Pa.C.S.A. § 9123.
4. Summary Convictions – Act 134 of 2008 – Effective January 26, 2009 amends Title 18 as follows: (Pa.R.C.P.490). See Act 134 of 2008 for criteria required for Summary Conviction Expungement eligibility. Must have 5 years clean record.
5. Rule 790 – Procedure for Obtaining Expungement in Court Cases; Expungement Order
6. Petition for Limited Access 18 Pa.C.S.A. §9122.1
7. Clean Slate Limited Access 18 Pa.C.S.A. §9122.2
1. File the original Petition for Expungement with two copies along with the filing fee payable by cash, check, or money order to the Clerk of Courts Office. You may pay the filing fee with a debit/credit card by going to www.govpaynow.com
2. The filing fee is $191.00 if the case is not currently at the Court of Common Pleas or $186.00 if the case is already in the Court of Common Pleas.
3. The petition is sent to the Judge. Once an Order is filed, a copy will be served on the defendant or attorney for the defendant.
4. It can take up to 6 months for all agencies to have the record expunged.