That might be possible. There is a right in the Commonwealth of PA to petition the county court for expungement of a criminal arrest record. The judge will evaluate the petition, might hold a hearing and after that make a decision whether the expungement will be allowed. The choice of the court is reliant upon the manner of the disposition of the offenders (petitioners) charges. If the offender has been tried and acquitted of the offenses charged, accused s petition will automatically be given and the arrest record will be expunged. The appeals courts have actually consistently held that the petition can not be rejected based upon commonwealths require for record keeping or for future case needs.
When prosecution is ended without a conviction or an acquittal for reason such as nolle prossed or if the offender finishes ARD, the court is required to balance the individual's right to be free from the damage of an arrest record with the Commonwealth s interest in preserving the particular record. The Commonwealth has the burden of evidence regarding why the arrest record need to be kept in the hearing. If the expungement is denied, the Court considers: the factor for keeping the record, the strength of the case against the petitioner, the age and criminal record of the petitioner, the work history of the complainant, the length of time lapsed in between the arrest and the petition to expunge, and the negative effects. If the charges were dismissed because of a plea agreement, accused is seldom entitled to an expungement of the dropped charges based on contract principles. Where a record is quiet regarding how charges were terminated, the Commonwealth has the burden to prove at the hearing that they were dropped in exchange for a plea.
Convictions of a criminal offense might only be expunged if the defendant reaches the age of 70 and has been free from arrest for a minimum of Ten Years or if the offender is dead for 3 years and was long convicted of a summary offense and was devoid of arrest and prosecution for 5 years following the conviction for the offense and is not a kind of criminal offense that by PA statute is never ever permitted to be expunged. The expungement of a PFA will not be given if the prevalence of the evidence showed incidents of the abuse unless petitioner satisfies the statutory requirements of being 70 and totally free from arrest for at least Ten Years or has been dead for a minimum of 3 years and had no arrests or prosecutions for 5 years following the PFA.
Court might not, by statute, expunge any record where the accused was placed on ARD for infraction of any offense where the victim was under the age of 18, or the offense involved charges of rape, sexual assault, public indecency, aggregated attack, prostitution or obscene or sexual materials.
It is an abuse of discretion of the court not to expunge the criminal record if the Commonwealth fails to reveal engaging evidence or as overriding interest that validates the retention of the records. If the Commonwealth is not able to develop a prima facia case for the criminal charge, the Commonwealth should provide engaging proof to justify the retention of the arrest record.
Expungement of juvenile records is authorized by PA statute. Juvenile records will be expunged if 1) the problem was filed but not corroborated or was dismissed, 2) six months have elapsed because final discharge of the juvenile from guidance under an approval decree and no case seeking adjudication or conviction is pending, 3) 5 years have lapsed considering that last discharge from commitment and because that time, the person was not founded guilty of a felony or misdemeanor and proceeding is pending, 4) the individual is 18 years or older, and the Commonwealth attorney consents to the expungement, and the court concurs after balancing these factors: kind of offense, petitioners age, employment history, drug and alcohol issues, adverse effects from the record and the requirement for the record to secure the security of the public. A juvenile offense might not be expunged if he or she was 14 years or older at the time of the offense and the offense include rape, sexual assault, or a conspiracy to commit those offenses as established by PA statute. When an individual has had a juvenile adjudication, that individual should petition the court for the record to be expunged after the individual reached the age of 18. If the individual cannot request expungement through a movement to the court, that record might be considered when the sentence is figured out for a crime devoted by that person after age 18.
hether a non-conviction arrest record may be expunged depends on how the charges were terminated. If dismissed as part of a plea offer, it might not be expunged however, if dismissed for other reasons, it might be expunged by the court after stabilizing the factors that justice requires.