If you receive a conviction for domestic violence in Pennsylvania, there is a chance you can remove it from your permanent record. In order to do so, you must first ascertain whether you qualify for the process known as expungement.
Definition of Expungement
Expungement is the removal of specific information on your permanent record. In the process of expungement, the state removes all traces of the existence of the offence. There are exceptions including information compiled by certain security agencies and material for census purposes. There are also exceptions to total expungement.
The data on your permanent record resides in a central repository. In Pennsylvania, this is the Pennsylvania State Police Central repository for Criminal History Information. It is located in Harrisburg, Pa.
Criteria Governing Expungement
In Pennsylvania, eligibility for expungement must fall under any of several categories or qualifications.
- Individual is 70 years of age or older
- The person has been dead for a minimum of 3 years
- The request comes from someone who has lived his or her life for 5 years free of arrest/conviction
- Lack of a disposition within 18 months of the arrest date is certified by the court of proper jurisdiction
- Court order
- A 21-year-old under violation of 6308 files with the Court of Common Pleas and satisfies all the required terms
Filing for Expungement
If the individual falls into the correct category, he or she may file for expungement of domestic violence convictions. This involves preparing a Petition for Expungement. The Petition for Expungement must be filed with the Court of Common Pleas in the county where the offence occurred. A judge will then hear and decide upon its validity.
To ensure the success of the plea, it is essential to include the following information:
- Name
- Date of birth
- Social security number
- Offences charged with or under
- The docket number of the case
- The offence tracking number
- Disposition of the case
Failure to do so can result in the dismissal of the petition.
If successful, the judicial party or parties will notify the central repository. It is up to them to disseminate the information to the proper authorities. If rejected, the individual can appeal within 30 days.
Attorney Involvement
Hiring a qualified attorney helps ensure the correct information is filed. If rejected for expungement, an attorney can work to overcome this obstacle.
