A Pennsylvania Motion to Expunge Form is a legal document used to request the removal and/or sealing of criminal records in the state of Pennsylvania. This form is typically used by individuals who have been convicted of a criminal offense, or have had their charges dismissed, and are seeking to have their records cleared. There are two types of Pennsylvania Motion to Expunge Forms: the Standard Expungement Motion and the Limited Expungement Motion. The Standard Expungement Motion is used to request the complete removal of records related to an arrest, criminal charge, conviction, or other criminal record. The Limited Expungement Motion is used to request the sealing of certain records, which means that the records will not be accessible to the public, but may be available to certain government or law enforcement agencies.
Pennsylvania Motion to Expunge Form
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How to fill out Pennsylvania Motion To Expunge Form?
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FAQ
Expunged records should not show on background checks in Pennsylvania. When a record is expunged in Pennsylvania, the record should be destroyed per Pennsylvania law. When an expungement order is granted, it gets served upon all applicable law enforcement, government and court agencies.
Expungement/Limited Access Petitions and Orders are filed with the Clerk of Court Office. There is a $155.00 non-refundable filing fee for expungement petitions filed at existing Court of Common Pleas dockets.
Generally speaking, statewide in Pennsylvania, it takes approximately four to six months. Having an experienced Pennsylvania criminal defense attorney would be your best ally to help maximize the expungement process in terms of how smooth it goes and how quickly it goes.
Automatic Sealing This process is automatic, so the individual who has the criminal record does not need to file a petition or pay a filing fee. This law gives the court and the Pennsylvania State Police 90 days to seal the record after it becomes eligible.
You can look up your record on the Court of Common Pleas and Magisterial District Court websites. Search for your record by "Participant Name." Enter your full first and last name and any other information you have about your case. You must include dates in the "Date Filed" field.
To obtain an expungement or limited access order, you must petition for the relief in the court of common pleas for the county in which you were cited or arrested. The Administrative Office of Pennsylvania Courts has blank forms available.
Expungement/Limited Access Petitions and Orders are filed with the Clerk of Court Office. There is a $155.00 non-refundable filing fee for expungement petitions filed at existing Court of Common Pleas dockets.
The new Pennsylvania Expungement Law allows second and third-degree misdemeanors to be expunged after ten years, and the crime can only be punishable by a maximum of two years. There are some exceptions to this rule. If any of these exceptions apply, you will not be eligible to have your charges expunged.