Reading Expungement Lawyer
What is expungement in Pennsylvania?
The process of expungement is meant to remove information from an individual's criminal record. This means that when running a background check or tracing the criminal history of an individual, expunged records will not be found by the public. There are regulations regarding which records can be expunged in the state of Pennsylvania. If you are not eligible for expungement there are other methods of relief that you can pursue. For help clearing your criminal record, team up with an expungement attorney from Curtis E. Barnes, Attorney at Law. I have been assisting clients in their criminal cases for more than 25 years and I am familiar with the expungement process in Reading, PA.
Who is eligible for expungement in PA?
The cases and individuals that are eligible for expungement are different in every state. To qualify for this relief in Pennsylvania, it used to be the case that you could not have been convicted. This means that no disposition could show after your case and you could not have pending charges on the case if you were looking to have it expunged.
To be deemed a non-conviction in PA, your case must have either:
- Been dismissed
- Been discharged
- Not been found guilty
- Been withdrawn
- Been deemed nolle prosequi
After 2008; however, Act 134 was passed. This Act allows convictions to be expunged under certain circumstances. Generally, Summary offenses can be expunged if you have been free of arrest or prosecution for at least five years after the conviction. You can also pursue expungement if you have reached age 70 and have been free of arrests and prosecutions for 10 years.
Other cases that are eligible for expungement include:
- Second Degree Misdemeanors if committed while under age 25 and have been free of arrests and convictions for between seven and 10 years
- Third Degree Misdemeanors if you have been free of arrests and convictions for between seven and 10 years
Some misdemeanor offenses do not qualify for expungement; however, including second degree assault, sex offenses, animal cruelty and some others. To discuss the possibility of expungement of your case, contact me, Attorney Curtis E. Barnes, and we can determine if you are eligible.
How To Pursue Expungement
If you are interested in having your record expunged in Pennsylvania, it is beneficial to team up with a criminal attorney in Reading to walk you through the process. The first step is to gather all information about your case, including; the date of arrest, the offenses, the name of the law enforcement agency, the name of court-ordered programs and the completion records. Once you have all documents and information together, you can file your petition to the Court of Common Pleas in the county in which you were charged. You may have to pay a fee and once it is filed, you will have a scheduled hearing. At the hearing, a judge will determine if your case is eligible for expungement or not. If accepted, your charges will be expunged. If denied, you could pursue a pardon or some other type of sealing of your record.
Searching for a lawyer for an expungement case in Reading?
Having your record cleared can be a complex process. You need the best criminal defense lawyer in Reading by your side to help you through the filing and at the hearing. Contact me, Curtis E. Barnes, Attorney at Law, for the representation that you need. I am a former prosecutor and I know how the expungement process works in Pennsylvania.
Schedule a personal consultation with me today to see how I can help you!
