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  1. #1
    Join Date
    Jul 2006
    Posts
    1

    Default Access to Expunged Criminal Records in Pennsylvania

    Hello All,

    I received an expungement for 2 misdemeanors (possesion (under 1gram) & paraphenalia) in accordance to PA's section 19 of the Drug and Cosmetic Law. I was wondering who exactly would still have access to the records? As I understand it... only, and ONLY, a court who is confirming that I have received it prior if another drug charge should happen to take place would have access to these records. Would any Military, State Licensure, State Agencies, have access to this record once the expungement process had taken into effect?

    Also, would the county in which it occured, send the information to a Federal Database for their own records? As I understand the Section, any and all pertinent records shall be returned for destruction. Would a 'Charged-Expunged record' show up on a Federal Database? How about a Fingerprint check?

    Thanks so much for your help,
    Confused in Pennsy

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Access to Expunged Criminal Records in Pennsylvania

    You can find Pennsylvania's expungement statutes here. You seem primarily interested in sections 9106 and 9122.

    In addition to those exceptions outlined by statute, it is possible that the record will have been disseminated to private databases which are not required to remove the information based on expungement, or that information has been submitted to federal databases (although that seems unlikely for misdemeanors). There's no way of being 100% certain that a background check won't reveal an expunged record. (And if you're dealing with high level security clearances, they often will.)

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