Pennsylvania Expungement of a Summary Offense Package

State:
Pennsylvania
Control #:
PA-EXPCRI-04
Format:
PDF
Instant download

Description

This package includes instructions and forms to expunge a summary offense in Pennsylvania.

Definition and meaning

The Pennsylvania Expungement of a Summary Offense Package is a legal process aimed at removing a summary offense from an individual’s criminal record. Expungement allows for the offense to be disregarded in most background checks, although certain legal entities such as law enforcement may still access this information. This process is crucial for individuals seeking to improve their employment opportunities and personal reputation by eliminating outdated or minor offenses from their records.

Who should use this form

This form is intended for anyone in Pennsylvania who has been convicted or pled guilty to a summary offense and seeks to expunge that offense from their criminal record. Individuals must meet eligibility criteria, including no new arrests or prosecutions for a minimum of five years following the summary offense. This form is suitable for users who wish to enhance their prospects for employment or other personal endeavors affected by their criminal history.

How to complete a form

To complete the Pennsylvania Expungement of a Summary Offense Package, users should follow these steps:

  • Obtain the Petition for Expungement and the Order to Expunge from a reliable source.
  • Fill in all required fields on the petition, ensuring accuracy and completeness.
  • Attach a recent certified copy of your criminal record obtained from the Pennsylvania State Police.
  • Submit the completed petition along with a filing fee of $15.00 to the appropriate Court of Common Pleas.

Inadequate information or missing documents may lead to the rejection of the petition, so careful attention to detail is crucial.

State-specific requirements

In Pennsylvania, specific requirements must be met for successful expungement of summary offenses. These include:

  • The individual must have been convicted or pled guilty to a summary offense.
  • There must be no arrests or prosecutions in any county for five years following the conviction.
  • A certified record of the criminal history needs to be attached to the petition.

Individuals must also ensure that the petition is submitted to the correct court, based on their county of residence.

Common mistakes to avoid when using this form

When completing the Pennsylvania Expungement of a Summary Offense Package, it is important to avoid the following mistakes:

  • Failing to provide complete information on the petition, which can result in rejection.
  • Not including the necessary documentation, such as a certified copy of the criminal record.
  • Overlooking the filing fee; personal checks are not accepted.
  • Submitting the petition to the wrong court location.

Ensuring accuracy and completeness can help facilitate a smoother expungement process.

Benefits of using this form online

Utilizing online resources to access the Pennsylvania Expungement of a Summary Offense Package offers several advantages:

  • Immediate access to the latest forms and instructions, ensuring users have the most accurate information.
  • The convenience of completing forms at their own pace, without the pressure of office hours.
  • Easy access to guidance and support regarding the expungement process.
  • Elimination of the need for physical visits, which can save time and reduce stress.

Online resources can empower individuals to navigate the legal process more effectively.

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FAQ

Expungement of Summary Offense Criminal RecordFive years after receiving a summary offense conviction you can take legal action to have your charges and conviction expunged from your record. You can only do this if you have not been arrested during the last five years.

Always begin the letter with a formal greeting, such as "Dear Judge...", before composing the rest of the letter. Then, write the first paragraph of your letter by explaining why you are writing, what charge you wish to have expunged, and a short description of why you feel it should be expunged.

The letter must state the case and explain the changes that the person made in their life to correct their actions. Examples of life changes are helping others and not getting arrested again.

Pennsylvania has expungement laws that help people who received a summary offense, Accelerated Rehabilitative Disposition (ARD) or had an arrest that did not lead to a conviction. Expungement usually takes about 4 to 6 months. Attorneys typically charge between $700 to to $1000 to expunge your record.

The expanded list of offenses that are now eligible to be expunged includes substance-related offenses such as DUI's and controlled substance and drug paraphernalia possession, as well as 2nd-degree misdemeanors such as larceny, identity theft, and reckless endangerment.

When filing an expungement, a petition and order must be submitted, along with a PA State Police background check. These forms can be found on the Administrative Office of the Pennsylvania Court (AOPC) website. There is a $167 filing fee associated with all expungement petitions.

When filing an expungement, a petition and order must be submitted, along with a PA State Police background check. These forms can be found on the Administrative Office of the Pennsylvania Court (AOPC) website. There is a $167 filing fee associated with all expungement petitions.

Pennsylvania law allows for the expungement of summary offenses IF the person has been free of arrest or prosecution for five years following the conviction for that offense. Basically, if a person has stayed out of trouble for five years, he or she is eligible to have a summary conviction expunged.

You can take a free Pennsylvania expungement test at RecordGone.com to see if you are eligible for expungement. If your offense was a summary offense (minor offenses such as underage drinking, highway obstruction, and retail theft), you may be eligible to expunge your criminal record.

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Pennsylvania Expungement of a Summary Offense Package