In Pennsylvania, expungement is a way to get rid of your criminal record. In many cases, it’s like the record never existed. This process can help you with jobs, housing, and other parts of your life. Once the court expunges your record, almost nobody can access it.

Expungement is a powerful tool. It can clear records that might be stopping you from:

• Getting a job
• Renting an apartment 
• Applying for college or training programs
• Qualifying for professional licenses

Rasa can help you check if you are eligible for expungement. Use our eligibility tool to see what is on your record and if it qualifies for expungement or any other record clearance remedy under state law.

How the Expungement Process Works

Expungement in Pennsylvania involves a few steps. If you qualify, here’s how Rasa can help you navigate the expungement process:

Step 1: Check Your Criminal Record

First, you need to see what’s on your record. This helps you understand which records may qualify for expungement. Without your record it’s difficult to know if you are eligible for expungement.

Rasa’s eligibility tool makes this process much easier. We can look up your records in seconds, and tell which records (if any) are eligible for expungement under Pennsylvania law. 

Step 2: File a Petition with the Court

Next, you have to file a petition with the court. This is a form that tells the court you are trying to expunge your record. The petition explains how your case qualifies for expungement. 

Rasa can help you with this portion of expungement as well. As your lawyer, we will draft your petition and file it with the courts. This improves your chances of getting an expungement, and makes the process easier. 

Step 3: The Court Issues a Decision

If the court finds you are eligible for expungement and that it is in the public interest to expunge your record, the court will issue an order of expungement. This order requires government agencies to expunge your record, which makes it hidden from public view. 

An order of expungement makes it so the public cannot see, and most people cannot access your record. Government agencies must remove the record from their databases. While expunged records are still visible in some cases, expungement is the most complete way to clear a record in Pennsylvania. 

Who Qualifies for Expungement in Pennsylvania?

Not everyone can get their record expunged, but certain cases qualify for expungement. If you meet the requirements, you might be able to limit access to your criminal record. 

Below you will find a list of requirements for expungement, starting with:

General Requirements

To qualify for expungement, you must:

• Pay all fines, fees, and restitution related to your case
• Have a record matching one or more of the types in this list. It’s important to know that these are the only cases where you can get an expungement. If your record or case type is not included below, you are probably not eligible to get an expungement. 

1. ARD Cases (Accelerated Rehabilitative Disposition)

The state of Pennsylvania offers Accelerated Rehabilitative Dispositions, or ARDs. An ARD is a sentence that offers an alternative to prison or jail. It usually includes some sort of rehab or related program. If you successfully completed an ARD program you should know:

• You can expunge a lot of ARD cases. This type of expungement is part of your sentencing where the judge lays out the rules and expectations of your ARD. If you successfully complete an ARD, the chances are good that you can get those cases expunged.
• However, certain types of offenses, like sexual crimes, crimes involving minors, and some violent crimes are not eligible for expungement via ARD. 

2. Arrest or Non-Disposition Records 

You can get an expungement if the court did not reach a decision, or disposition, in your case. For example, cases that are dismissed before a trial or hearing have no disposition. This is also called a ‘Nolle Pross,’ short for ‘Nolle Prosequi.’ A Nolle Pross may be eligible for expungement if:

• 18 months have passed since the arrest
• The case is no longer open, but no disposition has been reached in the case

These cases require a certification from the court. This means that the court has to make sure that no disposition was or will be reached in the case you are trying to expunge.

Without obtaining and reviewing your records, it may be hard to know whether you meet the criteria for expungement. Rasa’s eligibility tool can help you check. Sign up here to be notified when Rasa’s eligibility tool is live in Pennsylvania.

3. Unconditional Pardon Records 

If a person has gone through the pardon process and has obtained a non-conditional pardon, he or she may be eligible to expunge all criminal records. For more information on pardons, check out our pardons page.

4. Older Adults

Older adults qualify for expungement once they have waited for a set amount of time. You can qualify for an age-related expungement if:

• You are 70 years old or older. 
• You have stayed arrest and prosecution free for the last 10 years.
• You have been convicted of a summary offense.

5. Underage Drinking Offenses

A person charged with underage drinking offenses may be eligible for expungement if:

• You were between ages 18 and 21 when the offense happened. 
• You satisfied all of the terms of the sentence related to the offense.
• You are now over 21.

Note: This includes related offenses like transporting, possessing, or purchasing alcohol as a minor. It does not apply to DUI cases even if you meet the age requirements. 

6. Acquittals (Found Not Guilty)

An acquittal happens when a person is found not-guilty for a charge. Many acquitted cases are eligible for expungement. Still, you must meet specific requirements. You can expunge an acquitted charge if:

• A judge or jury found you not guilty of the crime. 
• It has been more than 60 days since your acquittal.

Note: the acquittal must be for all charges in the case. Partial acquittals are not eligible for expungement. 

7. Summary Offenses

Summary offenses are also eligible for expungement, but only in specific situations. A summary case refers to low-level cases which are punishable by a maximum of 90 days in jail. Most of these cases result in a fine. 

Examples of summary offenses include:

• Disorderly conduct: Unless your disorderly conduct charge was serious enough to become a misdemeanor, the law considers it a summary offense. It is eligible for expungement under this section. 
• Public intoxication: In Pennsylvania, public intoxication convictions carry a small fine and are graded as summary offenses. 
• Property destruction: If you destroyed property worth less than $150, your criminal record is probably considered a summary offense

To be eligible to expunge a summary offense, you must be arrest and prosecution free for 5 years. Summary offense expungement does require a petition. Rasa can help you make sure your summary offenses are eligible for expungement. 

Effects of Expunging Your Record

Once your record is expunged, it’s gone. That means it’s removed from public databases. The courts and other record keeping agencies remove expunged cases from your record. Here’s what that means for you:

Your Record Is Removed

The court orders government agencies to remove your record. After that:

• It won’t show up in public databases. This means that people won’t be able to access your expunged cases without special privileges.
• In almost every circumstance, you can answer ‘no’ when asked if you were convicted of the expunged crime. 

Background Checks

The Fair Credit Reporting Act requires private background check companies to remove expunged records from their databases, so when a background check is run these records will not appear.  This may include:

• Employers: Employers who use commercial background checks should not be able to access an expunged record. This means your expunged record should not be a barrier to getting hired or receiving a promotion. 
• Landlords: Landlords who use commercial background checks should not be able to see expunged records. This can create new and improved opportunities for housing.
• Licensing boards: Licensing boards cannot consider expunged records when considering whether to issue a professional license. 

You Get a Second Chance

When your record is expunged, many of the penalties and roadblocks that come with a record disappear. Rasa is here to help you understand the expungement process. Use our eligibility tool to see what is on your record and if it qualifies for expungement under state law.