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When cleaning your record of arrest or criminal conviction, it is essential to understand the difference between expungement, sealing, and pardons. Misdemeanors and felony convictions are treated differently, so review this document carefully, so you don't miss any actionable steps.
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Expungement Act 56 can help you seal your conviction record by petition. Depending on the extent of your conviction, you may be eligible. This document breaks down the different criteria for successfully sealing your record.
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What is expungement?
Expungement refers to the legal process of removing or erasing a criminal record from public view. It can involve deleting records or withdrawing the guilty verdict.
How does expungement differ from sealing a record?
While expungement removes the record as if the crime never occurred, sealing a record means that it is hidden from the general public but may still be accessible to certain government agencies.
What is a pardon and how is it different from expungement or sealing?
A pardon is an act of forgiveness granted by a head of state (i.e. a governor) and does not erase a criminal record. It may restore rights but the record remains visible.
Who is eligible for expungement under Expungement Act 56?
Eligibility under Expungement Act 56 depends on the nature of the conviction, the amount of time that has passed, and other specific criteria outlined in the act itself.
What are the steps to apply for expungement or sealing of a criminal record?
The process typically involves filing a petition with the court, possibly obtaining a hearing date, and meeting all the criteria set forth by the law. Note that this may include having a clean record for a certain period.
Can a felony conviction be expunged or sealed?
Here in Pennsylvania, eligible felony convictions (i.e. drug or theft-related charges) can be sealed after 10 years.
How long does the expungement process take?
The duration can vary widely depending on the jurisdiction, the complexity of the case, and the backlog of the courts.
Are there any offenses that cannot be expunged or sealed?
Yes, crimes such as sexual offenses or those involving serious physical injury may not be eligible for expungement or sealing.
How can I find out if I am eligible for expungement or sealing?
Review the criteria in the Expungement Act 56 Chart, consult with a legal expert, or contact your local court for specific guidance based on your record.