The Pennsylvania Petition for Expungement Pursuant to Pa. R. CRIM. P. 490 is a legal document used to request an expungement of criminal records in the state of Pennsylvania. The petition is made pursuant to the Pennsylvania Rules of Criminal Procedure, Rule 490, which outlines the process for expungement of criminal records in the state. The petition must be filed in the court of common pleas in the county in which the offense occurred and must include the petitioner's name, address, date of birth, and the information related to the criminal charge. The Pennsylvania Petition for Expungement Pursuant to Pa. R. CRIM. P. 490 has two main types: petitions for criminal expungement and petitions for non-conviction or dismissal expungement. Petitions for criminal expungement are made when the petitioner was convicted of a criminal offense and wishes to have the conviction expunged from their record. Petitions for non-conviction or dismissal expungement are made when the petitioner was arrested or charged with a crime, but the case was dismissed or the petitioner was found not guilty. Both types of petitions require the petitioner to provide certain information and documents to the court, including a statement of the petitioner's reasons for expungement, and the court will then review the petition and make a decision whether the expungement should be granted.
Pennsylvania Petition for Expungement Pursuant to Pa. R.Crim. P. 490
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Crimes Ineligible for Expungement Assault, kidnapping, sexual offenses, and crimes involving minors typically have longer sentences and are ineligible for expungement, ing to Act 56 ? PA General Assembly. Even if you have a conviction that is eligible for expungement, your personal history can disqualify it.
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.
Rule 490 - Procedure for Obtaining Expungement in Summary Cases; Expungement Order (A) PETITION FOR EXPUNGEMENT (1) Except as provided in Rule 320, an individual who satisfies the requirements of 18 Pa. C.S. § 9122 and 18 Pa.
Any felony or misdemeanor conviction can be expunged if there has been no criminal supervision in the preceding 10 years. Charges that have been pardoned in PA: If you have received a Pardon from the Governor of Pennsylvania, the charges become expungeable.
A person can potentially expunge their record without a lawyer in Pennsylvania. If a person can competently go through the process and wants to go through the process on his or her own, it would be at their discretion to do so.
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.
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.
To check if your record has been sealed, you should look up your criminal record on the public court website. If your record has been sealed, it will not show up. You can look up your record on the Court of Common Pleas and Magisterial District Court websites.