Pennsylvania Affidavit in Support of Motion to Order Expungement of Criminal Record

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Multi-State
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US-02246BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

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.

After receiving your record, you will apply for expungement with the Clerk of Courts in each county where you were arrested. As applicable. attend a hearing with the judge for your petition. Send the signed expungement order to the State Police and other 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.

A misdemeanor does not disappear on its' own but they are eligible for record sealing if 10 years have passed without further misdemeanor or felony convictions. The Clean Slate Law will seal some misdemeanor convictions automatically. See if you are eligible by clicking here.

Under most circumstances, proof of an arrest will not be expunged automatically by the court and therefore it is your responsibility to either file an expungement petition or hire an attorney to file one on your behalf. In all counties other than Philadelphia there are no circumstances where expungement is automatic.

About the Clean Slate Law The offenses that can be removed from a person's record or sealed from public site must be over 10 years old, without another conviction happening since, and include simple assault charges, other non-violent misdemeanors, and summary offenses.

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.

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Pennsylvania Affidavit in Support of Motion to Order Expungement of Criminal Record