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  1. #1
    Join Date
    Nov 2010
    Posts
    6

    Question How Long Do I Have to Wait for an Expungement

    My question involves expungements or pardons for the state of: Pennsylvania

    Hello, My first question is, can people file petition for expungement without an attorney? and 2nd:
    how to write the reasons in a Motion? can I just state that I'm seeking employment opportunities and need to remove the summary offense from my record to be considered for the positions.

    I read on USLegal website that -
    "Expungements of records of arrest under Rule 320 are automatic as a matter of law after successful completion of ADR requirements. When the judge orders the dismissal of the charges against the defendant, the judge shall also order the expungement of the defendantís arrest record."
    does this apply to my case- a charge of first time summary offense in retail theft category. arrested in Nov 2010, the case is going to be dismissed in Mar 2011. There wasn't any ARD program for me, I completed community service and wonder if I can file the petition for expungment on the day of dismissal? or do I have to wait until 18 months pass?

    any info/help is much appreciated!

  2. #2
    Join Date
    Jul 2010
    Posts
    3,828

    Default Re: How Long Do I Have to Wait for an Expungement

    A quick read of PA's rules on expunging of criminal convictions indicates that you must wait 5 years from your conviction to apply to have the charge expunged. During this 5 years you must not be arrested again, for anything, or your eligibility goes "Poof!"

    You are free to undertake the process yourself in 5 years or start saving now to pay a lawyer to do it then.

  3. #3
    Join Date
    Nov 2010
    Posts
    6

    Default Re: How Long Do I Have to Wait for an Expungement

    Thanks for free9man's reply.
    But I don't think your answer applies to my case, because I don't have a conviction, the 5-year wait period is for people who have concistions. I read that generally a dismmised case can be expunged after 18 months of the dismissal, but I mentioned and also have question about RULE 320, which states that "Expungements of records of arrest under Rule 320 are automatic as a matter of law after successful completion of ADR requirements. When the judge orders the dismissal of the charges against the defendant, the judge shall also order the expungement of the defendant’s arrest record."
    does this apply to my case- a charge of first time summary offense in retail theft category?????????

    and thanks for letting me know that I can petition the expungement on my own, but can you advise what to write in the motion? can I just state that I'm seeking employment opportunities and need to remove the summary offense from my record to be considered for the positions.

    Thanks again!

  4. #4
    Join Date
    Jul 2010
    Posts
    3,828

    Default Re: How Long Do I Have to Wait for an Expungement

    Quote Quoting arieljs
    View Post
    RULE 320, which states that "Expungements of records of arrest under Rule 320 are automatic as a matter of law after successful completion of ADR requirements. When the judge orders the dismissal of the charges against the defendant, the judge shall also order the expungement of the defendant’s arrest record."
    does this apply to my case- a charge of first time summary offense in retail theft category?????????


    Thanks again!
    You stated in your original post that you DID NOT have an ARD. No ARD = No elibigility under Rule 320 from what I can see. So what was the exact disposition in your case?

  5. #5
    Join Date
    Nov 2010
    Posts
    6

    Default Re: How Long Do I Have to Wait for an Expungement

    case dismissed, but I had to do 20 hour community service.
    I read on another forum that someone, first-time offender, charged with summary(same as my situation), but got the case dismissed in Apr 2010 and petitioned for expungement in Oct 2010. that's not 18 months after the dismissal so I'm confused when I will be able to petition and how long do I have to wait for the decision(record removal)?
    Thanks!

  6. #6
    Join Date
    Jul 2010
    Posts
    3,828

    Default Re: How Long Do I Have to Wait for an Expungement

    According to the Pennsylvania statutes on expunging a charge that I have read, because you are not eligible under Rule 320, you must wait 5 years. There are references in the law to something about 18 months but I don't know how the courts apply it.:

    (1) no disposition has been received or, upon request
    for criminal history record information, no disposition has
    been recorded in the repository within 18 months after the
    date of arrest and the court of proper jurisdiction certifies
    to the director of the repository that no disposition is
    available and no action is pending. Expungement shall not
    occur until the certification from the court is received and
    the director of the repository authorizes such expungement;

    But even then, you would still have to wait 18 months. If this is that important to you, get a consultation with a lawyer in your area that specializes in these things. They will be able to determine if there are any loopholes that can help you.

    Was the other person on the board actually granted the expungement they applied for? If so, why not contact that poster and get guidance from them? Cause you can apply anytime you want, it doesn't mean it will be approved.

  7. #7
    Join Date
    Nov 2010
    Posts
    6

    Default Re: How Long Do I Have to Wait for an Expungement

    thanks!

    I can't get a hold of the other person with similar situation, but I understand that applying for the expungement right away doesn't mean the petition will be approved...

    btw, what can be a good reason to state in the motion? Employment?

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