Expunging a Philadelphia Crime
Clean Up Your Criminal Record
When you have your record expunged, the court removes your criminal history from the files of the Department of Court Records, Criminal Division, as well as other criminal justice agencies. This can occur with the approval of the court in limited circumstances. If you were convicted of a summary offense, this may be expunged as long as you were not arrested or prosecuted for five years following that incident. In certain other cases, including those involving a guilty plea, plea of no contest, or a guilty verdict, you may apply to complete an Accelerated Rehabilitative Disposition (ARD) program. Following this, you can apply for expungement of your record. Convictions and arrests can appear on your criminal record but these arrests can be expunged as well. An experienced
criminal defense attorney in Philadelphia can help determine your eligibility for these options and take the steps necessary to pursue an expungement.
Determining Eligibility
How do you know if you are eligible for expungement? A criminal defense attorney from our firm can explain the ramifications for you, which can include:
- A person, 21 years or older, who has been convicted of section 6308 (relating to purchase/consumption/possession of a beverage) and petitions the court of common pleas
- A person who receives a court order that his/her non-conviction data be expunged
- A person who has been free of arrest for five years, following a conviction
- A person who reaches 70 years old and has not been arrested for ten years
Unfortunately, individuals convicted of sex crimes are not so lucky. People who have been convicted of rape, sexual assault, deviate sexual intercourse, aggravated indecent assault, sexual assault, indecent assault, indecent exposure, prostitution and other crimes involving obscene materials/performances are not eligible for expungement. Also, in the state of Pennsylvania, not counting a few exceptions, your record can only be expunged if you were not convicted.
How the Process Works
The process of expungement usually takes approximately six months and the lawyers at The Benari Law Group will guide you through each step and answer your questions along the way. We will gather all relevant records and required evidence relating to your petition, file the needed motions, address any official opposition from the District Attorney and argue your case in court. In most circumstances, you should not have to appear in court in person. In order to receive an expungement, a person petitions the court with jurisdiction over his/her records. If the charges you faced were withdrawn or dismissed, you were convicted of a summary offense or you entered ARD, you could be eligible to receive an expungement. An expungement can be one of the best things that ever happens to you, because it can give you a "new lease on life." With an expungement, you have a better chance to receive a good job, further education, a lease and so forth.
Possibly the greatest perk about receiving an expungement is the peace of mind and freedom it leaves you and your family with: you are no longer chained to a mistake in the past. Attorney Benari is a prominent attorney with a Bachelor of Arts degree in Rhetoric and Public Argument. Attorney Pallen has delivered oral argument before the Pennsylvania Supreme Court. You can rest assured that the skilled attorneys with our firm will provide you with an effective legal defense in our case and help with expungement of your criminal record. As the court reviews expungement requests on a first come first served basis, the sooner you enlist our help the sooner you can look forward to a possible fresh start with a clean slate. Don't allow your past to hang over you like a dark cloud any longer. You can take steps towards a brighter today and a better tomorrow now! If you wish to clear your criminal record, contact Benari Law Group today!