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I HAVE A PROBLEM I WENT TO COURT FOR RETAIL/THEFT THEY GAVE ME PROBABTION FOR 18 MONTHS IS THERE ANY WAY I CAN EXPUNGED MY RECORDSWHEN I FINISH MY PROBABTION .I DID A MISTAKE BUT I THINK IS GOING TO BE HARD FOR ME TO FIND A JOB IS THERE ANYTHING I COULD DO…SO I CAN ERASE THAT OUT OF MY BACKGROUND .
Asked on May 12, 2009 under Criminal Law, Pennsylvania
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
In Pennsylvania, under some circumstances, you may be able to have a criminal record "expunged", which means that information is removed from your record.
You may be eligible for expungement if:
- You are at least 70 years old and have not been arrested for 10 years following release from prison or supervision, or
- You are seeking to expunge juvenile records and sufficient time has passed since discharge.
In addition, a person's records may be expunged if that person has been dead for three years.
In 2008, a new law is went into effect in Pennsylvania. The law allows for people convicted of a summary offense to have their conviction expunged as long as they were not arrested or prosecuted five years after the conviction for the summary offense. A summary offense is not a misdemeanor or felony. Examples of summary offenses are underage drinking or obstruction of the highway. Additionally, if a defendant was placed on Accelerated Rehabilitative Disposition (ARD), an alternative sentencing program in Pennsylvania, for an offense involving sexual abuse of a minor, expungement is unavailable. If you are eligible to have your records expunged, you may petition the court for an order of expungement. Arrest records are automatically expunged after successful completion of ARD requirements. Also, the court will order expungement when charges are dismissed.
Under your facts I don't think expungement is an option for you. Your best bet is to talk to an attorney in the area and seek his advice as to whether ot not he thinks any other remedy might be available to you.
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