Many people wonder if it’s possible to erase a felony from their record in Pennsylvania. Generally, felony expungement is quite limited in this state. Most felonies cannot be cleared without first getting a pardon from the Governor. A pardon is an official forgiveness for a crime. If the Governor grants you a pardon, then you might be able to remove the felony from your record through an expungement.
However, Pennsylvania does have some situations where certain felonies can be cleared. For example, if you are over 70 years old and have a clean record for at least 10 years after finishing your sentence, you may be able to expunge the felony. Also, some felony records from your youth might be cleared if they happened when you were a minor. But these rules do not apply to everyone, and the process can be long and challenging.
The main reason it’s hard to remove felonies in Pennsylvania is that the state wants to protect public safety. A felony is a serious crime, and the law takes special steps to make sure the record stays available in most cases. This gives employers, landlords, and other groups the ability to check if a person committed a serious offense.
If you think you might qualify for expunging a conviction in Pennsylvania, it’s important to read through the rules or consult with an attorney. That way, you can figure out which steps to take.
Trying to remove a felony on your own can be complicated. You have to fill out certain legal forms and possibly attend a hearing. If you make a mistake, the court may reject your request.
This is why many people choose to work with a local Pennsylvania lawyer who knows how these cases usually go. By doing so, you can have someone double-check your eligibility, help you gather documents, and guide you through the court process.
Factors Influencing Felony Expungement
Before you start the process, it helps to know which things can affect your chances. Below are some important factors that might help or hurt your case:
- Age of the Offender: One major rule in Pennsylvania says that if you are over 70 years old and have stayed out of trouble for 10 years after your sentence ended, you might clear your felony. This rule tries to give older individuals a fresh start if they have shown that they no longer pose a risk to the community.
- Time Passed Since the Conviction: Courts often look at how many years have gone by since your felony conviction and whether you have broken any laws in that period. If you have stayed away from more crimes, it might show the court you have changed for the better.
- Type and Severity of the Felony: The nature of your crime matters a lot. For instance, violent felonies or sex crimes are usually harder to remove. The law is stricter with crimes that put others in danger.
- Criminal History: If you have other offenses on your record, that can also affect your request for felony expungement. Having multiple crimes may suggest a pattern of behavior rather than a single mistake, so the court might be less willing to clear your record.
- Pardon: Most felonies in Pennsylvania require a Governor’s pardon before you can apply for expungement. This pardon is an official act of forgiveness, but getting it can take a long time. You must apply through the state’s Board of Pardons and show why you should receive this special relief.
These factors do not guarantee that your request will be accepted or denied. But they do give you an idea of how the court might think about your felony. If you have questions about your chances, it’s often wise to consult with an attorney before applying. They can review your situation and tell you if you meet the rules.
Which Felonies Can Be Expunged?
Most felonies in Pennsylvania are not removable unless you first get a pardon. But there are a few exceptions:
- If You’re Over 70: As mentioned above, if you are over 70 and have not been arrested or prosecuted for at least 10 years after finishing your sentence, you might qualify for expungement. This rule is meant to give older adults a chance to clear their records if they have stayed crime-free for a long time.
- If You Were Pardoned: If the Governor grants you a pardon, you can then apply to have your felony expunged. A pardon does not erase your record on its own, but it opens the door to removing the conviction through the formal expungement process.
- Certain Juvenile Felony Records: If your felony conviction was from when you were a minor, you might be able to expunge it under certain juvenile justice rules. This usually depends on how serious the crime was and if you have stayed out of trouble since then.
It’s important to remember that each type of felony has its own rules. For example, violent crimes, first-degree felonies, and sex offenses are usually much harder to clear. If your crime caused serious harm to someone else, the state might decide it needs to keep that record available to protect the public.
Also, note that “expungement” is different from “record sealing.” Pennsylvania has laws, like the Clean Slate law, that can seal certain records, which is less complete than an expungement. Sealed records are hidden from many background checks but can still be seen by law enforcement or certain employers.
The Process of Expunging a Felony
If you believe you might qualify for felony expungement, here’s an overview of the typical process:
Check Your Eligibility
Start by looking at the Pennsylvania rules or talking to a local Pennsylvania lawyer. You need to see if your case meets the basic requirements, such as being over 70 or having a pardon.
Get Your Criminal Record
You will usually want a copy of your official Pennsylvania criminal record from the Pennsylvania State Police. Reviewing it helps ensure there are no surprises and that you include all the right details in your petition.
File the Petition
Next, you file a request (called a petition) in the county where the original conviction occurred. You might have to pay a filing fee. Some counties also have forms or guidelines posted on their websites.
Notify the District Attorney
The local District Attorney (DA) may have a chance to object to your petition. If they do, you could be called to a hearing. At the hearing, you can explain why your record should be cleared, and the DA can argue against it if they believe it’s not appropriate.
Wait for the Court Decision
The judge will review your petition, any objections, and the law. If the judge approves your request, they will sign an expungement order. That order tells government agencies to remove your felony record from public access. If the judge says no, you might be able to appeal, but that can be more complex.
Agencies Update Their Records
After the order is signed, agencies like the Pennsylvania State Police should update their databases. This process may take a few weeks or even months. Once completed, your felony should not appear on most background checks.
The length of this process can vary depending on how busy the court is, whether the DA objects, and whether you need a pardon first. If you do need a pardon, that adds extra steps and time. Pardons can take many months—or even years—to come through, as the Governor and the Board of Pardons must review your application.
If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?
Getting an expungement usually removes the conviction from most public databases. In many cases, employers and landlords who run standard background checks will no longer see that felony. You also don’t have to admit to the felony on job applications if it has been expunged.
However, an expungement does not always mean every trace is gone. Some government agencies, like law enforcement or certain professional licensing boards, might still see the sealed or expunged information if allowed by law.
Also, private sites or databases that stored your record before expungement might not update right away, or at all, if they don’t receive new data. In other words, an expungement can make it much harder for people to find your felony, but it may not vanish 100% from every possible place.
Still, removing the record from state databases is a huge benefit. It can open more doors for housing, employment, and other opportunities that you might not have had if the felony was easy to find in a basic background check. People who get their felony cleared often feel a sense of relief and a chance to start fresh.
Which Felonies Are Not Eligible for Expungement?
While Pennsylvania law is strict for most felonies, it’s even stricter for certain crimes. Some serious felonies are nearly impossible to remove without first getting a pardon.
These might include:
- Violent Crimes: Such as homicide or aggravated assault.
- Sexual Offenses: Crimes like rape or child molestation.
- Crimes Against Minors: If the victim was under 18, the law usually requires a pardon.
- Firearms Offenses: These can be viewed as especially serious.
- First-Degree Felonies: The most severe type of felony under Pennsylvania law.
Even with a pardon, there’s no guarantee a judge will clear your record if they believe the crime was too serious. But a pardon does give you the legal right to request it. If you do have one of these serious felonies, or if you’re not sure how the law sees your conviction, you’ll likely need to consult with an attorney for guidance on your best approach.
Do I Need an Attorney for Help With Felony Expungement?
If you want to learn more about felony expungement or think you might qualify to have your record cleared, it may be time to speak with a Pennsylvania expungement lawyer.
Through LegalMatch, you can connect with an experienced attorney who understands these laws and can guide you step by step. This is often the best way to protect your rights and move forward confidently, knowing you have a professional fighting for the fresh start you deserve.
