Criminal records can have a very serious negative impact on your life. It can damage your reputation, reduce your ability to earn money, prevent you from obtaining a license or certificate for certain occupations [for example, a lawyer or teacher] or make you completely unemployed. To the extent possible, if you have such a record, you should remove it as soon as possible.
In Pennsylvania, in order to obtain the clearance of adult criminal records, individuals must file a lawsuit in the joint court of the county where the crime occurred. When submitting the petition, a hearing will be arranged in front of the judge, and the judge will decide whether the removal request should be approved.
With the exception of two exceptions, only non-conviction data can be deleted. Non-conviction data includes:
1. The arrest record indicates that no disposition occurred after 18 months and that the court of the appropriate jurisprudence proved that no litigation was pending.
2. A case of dismissal or dismissal due to lack of evidence or lack of prosecution, or a case where no guilt was found after the trial.
3. Cases of dismissal or dismissal due to the successful compliance of certain offenders with certain pre-trial disposition terms and conditions, such as the ARD [Accelerated Rehabilitation Treatment] program.
The conviction data can be deleted if the perpetrator is 70 years of age and has not been arrested for at least ten years after the final release of supervision. If the perpetrator has died for at least three years, he can also be removed.
The court will consider a number of factors in determining whether a removal request should be approved. These include damage to an individual's reputation, his or her livelihood and future income ability, the nature and severity of the crime, the history of the individual's crime, and the country's interest in protecting records. public.
State law expressly prohibits the court from canceling records, even if the offender successfully complies with the terms of the ARD, he or she is accused of certain sexual assault or related allegations against victims under the age of 18.
The court's removal order will be immediately submitted to the Pennsylvania Police Criminal History Information Center in Harrisburg, Pennsylvania. The agency will issue a removal order to all other agencies that have received the subject information for the order. .
It is important to provide complete and accurate criminal record information when submitting your request. Requests and proposed removal orders must include regulatory information such as subject name, date of birth, social security number, subject charge, case file number, offensive tracking number, and case handling. If this information is not included in the petition, the court will reject it.
Orignal From: How to make Pennsylvania adult criminal records cleared or deleted
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