Can You Expunge a Misdemeanor in Pennsylvania? Yes, Here’s How!

If you’re dealing with the weight of a misdemeanor record in Pennsylvania, the good news is that expungement might be within reach for you. Expungement allows you to erase or limit access to your criminal record, offering a fresh start and a clearer path forward. Whether you’re looking to land a new job, secure housing, or simply enjoy peace of mind, understanding Pennsylvania’s expungement process can make all the difference.

What Is Expungement in Pennsylvania?

Expungement is a legal process where criminal records are erased or sealed from public view. This doesn’t just mean deleting the offense from your background check—it’s like legally declaring the offense never happened. However, there are nuances: while expungement clears the record, a limited access order simply seals it from public view while law enforcement and the courts retain access.

Why This Matters

Think of the last time you applied for a job or rented an apartment. Many of these opportunities hinge on passing a background check. Expungement can ensure your past doesn’t dictate your future.

Can Misdemeanors Be Expunged in Pennsylvania?

The answer is a resounding yes—but with conditions. Not all misdemeanors are eligible for expungement, but many can be removed or sealed under Pennsylvania law.

Eligible Misdemeanors

Under Pennsylvania law, you can expunge certain misdemeanors if:

• You’ve completed all sentencing requirements.
• A significant amount of time has passed without new charges.
• The offense is not classified as a violent or sexual crime.

For example, summary offenses, often considered the lowest-level misdemeanors, can typically be expunged after five years without further incidents.

Accelerated Rehabilitative Disposition (ARD) Program

Have you heard of the ARD program? It’s designed for first-time offenders charged with non-violent misdemeanors. Completing ARD can make you eligible for record expungement, wiping out your record before it creates long-term consequences.

My Experience with Expungement Cases

I’ve had countless clients approach me, nervous about how their record was affecting their lives. One client—let’s call her Sarah—had a misdemeanor conviction from a mistake she made in college. A decade later, that single misstep was still haunting her during job applications. By guiding Sarah through the expungement process, we were able to clear her record, and she finally landed her dream job. Watching her relief and newfound confidence reminded me why this work matters.

The Process of Expunging a Misdemeanor in Pennsylvania

Expungement isn’t automatic—you have to follow specific legal steps. Here’s a breakdown:

 Step 1: Obtain Your Record

You’ll need a complete criminal history report. This document lists all charges, convictions, and outcomes. In Pennsylvania, you can request this from the State Police.

Step 2: Check Eligibility

Once you have your record, evaluate which offenses qualify for expungement or sealing. If your case involves more serious misdemeanors, it’s worth consulting an attorney to explore options like limited access orders.

Step 3: File a Petition

Filing a petition for expungement involves:

1. Completing the necessary forms.
2. Providing supporting evidence (like proof of sentence completion).
3. Paying a filing fee to the court.

 Step 4: Attend a Court Hearing (if required)

Some expungements are granted without a hearing, but the court may ask for a review. This is your chance to demonstrate your eligibility and explain why clearing your record serves the interests of justice.

Step 5: Await a Decision

After your hearing, the court will notify you of its decision. If successful, agencies holding your record will update their databases, effectively erasing your record from public access.

Limited Access Orders: An Alternative to Expungement

For misdemeanors that don’t qualify for full expungement, Pennsylvania’s Clean Slate Law offers limited access orders. These orders seal your record from the public after 10 years without further criminal activity. While the record isn’t erased, it’s hidden from potential employers, landlords, and others conducting background checks.

Who Qualifies?

To qualify for a limited access order:

• You must have completed your sentence.
• The misdemeanor must not be violent or sexual in nature.

This process is especially helpful for people who’ve rehabilitated and moved forward in their lives but are haunted by a record they can’t fully expunge.

Common Questions About Expungement in Pennsylvania

Can Any Lawyer Handle My Expungement?

While any attorney licensed in Pennsylvania can technically handle expungements, working with someone experienced in criminal law ensures you’ll avoid delays and mistakes in your petition.

How Long Does the Process Take?

The expungement process typically takes several months. Factors like court schedules, the complexity of your case, and filing accuracy can affect timelines.

Does Expungement Erase Everything?

An expunged record is removed from public databases, but certain government agencies may still access it. For most purposes, though, it’s as if the record never existed.

Why Choose Us to Handle Your Expungement?

Navigating the Pennsylvania legal system can feel overwhelming, but you don’t have to do it alone. My team and I specialize in helping people clear their records so they can focus on building a better future. From understanding your eligibility to guiding you through every step, we’re here to make the process as seamless as possible.

Don’t let your misdemeanor record dictate your life. Reach out today for a free consultation, and let’s explore your options together.