Arrest Without Conviction In Pennsylvania
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FAQ
Prisons house people who are convicted of crimes. They are incarcerated. And, as incarcerated people, they are officially known as inmates, casually referred to as prisoners. Still, some think of themselves as convicts (a very politically loaded term in the prison context).
Individuals convicted of the following offenses are eligible for Clean Slate: Second- and third-degree misdemeanors, and misdemeanors punishable by two years or less in prison.
Being charged with a crime does not necessarily mean that you have been found guilty or convicted of the offense; it simply means that there is enough evidence for the government to pursue legal action against you.
In United States practice, conviction means a finding of guilt (i.e., a jury verdict or finding of fact by the judge) and imposition of sentence.
Misdemeanor arrests should be sealed after 1 year if there are no charges, and felony arrests should be sealed after 3 years if there are no charges. Cases that get dismissed should be cleared immediately. Convictions of cases where you are granted probation should be cleared once the case closes.
Although participation in an ARD does not normally count as a conviction, a person's arrest record will continue to exist. Contrary to popular belief, these records do not simply disappear once a person has completed their ARD, instead, these records must be expunged.
Yes. You are allowed to pursue your case “pro se,” meaning without an attorney. The court might provide the forms you need to file the petition. However, the process of expunging a criminal record can be challenging.
CRIMINAL RECORD SEALING IN PA Act 36 of 2023 expanded PA's Clean Slate law to apply to non- violent felonies, including some felony drug convictions. Since taking effect June 11, 2024, it is now possible for people convicted of these offenses to get their record sealed through Clean Slate.
Pennsylvania. For example, charges that are not guilty, withdrawn, dismissed, or nolle prossed are eligible for expungement. Charges that result in the successful completion of a diversionary program, such as ARD or Section 17, are also eligible for expungement.
