ERASE YOUR CRIMINAL HISTORY
It is a fact of life that everyone makes mistakes and sometimes those mistakes result in criminal charges and a criminal record. As you may be aware, any criminal conviction, even for minor crimes, can prevent you from obtaining employment, furthering your education, finding a home, securing a professional license, and/or applying for a gun permit. What you may not know is that, even when charges are dismissed, an easily accessible record still exist for those charges and can be accessed by employers, educational institutions, insurance companies, and the general public. Expungements are the process by which the legal system forgives those who have been accused of and/or committed crimes in the past.
The expungement laws are somewhat confusing, but generally, if you were charged with a crime and found not guilty or had the charges dismissed you are immediately entitled to have these charges completely erased. Additionally, you may also erase records of certain summary offense if you have had no additional offenses or arrests in the past five years. Furthermore, most convictions handed down when you were a juvenile may also be expunged.
However, not everyone will be eligible for an expungement and your case is unique. If you call today, I will personally discuss the expungement process and your eligibility. If, after a free evaluation, we determine you are eligible for an expungement, we can work together to petition the court to forgive your past mistakes so you can live the life you deserve.
Sealing Misdemeanor Convictions
DeLuco Law believes that the Pennsylvania lawmakers have taken a step in the right directions and decided to expend expungement laws to include most misdemeanors of the second and third degree. Senate Bill 166, signed by the Governor in February 2016, created 18 Pa.C.S. 9122.1 which allows citizens to petition for their misdemeanor record be sealed from view from everyone but certain criminal justice and government agencies. This record will be hidden from employers, educational institutions, insurance companies, and the public. Furthermore, if an order is granted pursuant to this law, the petitioner can lawfully refuse to disclose information about their criminal record to non-criminal justice agencies, including current and potential employers.
There are, of course, certain strings attached to the new law. First, for the sealing of a misdemeanor conviction, ten years must have passed since the end of confinement or supervision. Secondly, the petitioner must never have been convicted of a single offense punishable by more than two years of imprisonment, nor convicted of four offenses punishable by imprisonment of one or more years. Finally, the new expungement law requires that the individual seeking to have their record seal never have been convicted of the following offenses:
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A violation of section 2701 (relating to simple assault), except when the offense is graded as a misdemeanor of the third degree;
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A violation of section 4952 (relating to intimidation of witnesses or victims);
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A violation of section 3129 (relating to sexual intercourse with animal);
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A violation of section 4912 (relating to impersonating a public servant);
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A violation of section 4953 (relating to retaliation against witness, victim or party);
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A violation of section 4958 (relating to intimidation, retaliation or obstruction in child abuse cases); and
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An offense which requires registration under 42 Pa.C.S. 97 Subch. H (relating to registration of sexual offenders).
Difference Between Expungement and Sealing
When a criminal record is sealed under the Clean Slate Act, the record still exists, but is hidden from public view. This means that a sealed record cannot be seen by landlords, schools, licensing boards and most employers (only employers who obtain an FBI background check will see sealed records). Additionally, when a record is sealed, you do not, with important exceptions, have to disclose that you were ever charged with those sealed charges.
The limited circumstances when a sealed record can be seen and considered are as follows:
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Law enforcement purposes (police, district attorneys, and courts);
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Gun ownership and applications;
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Immigration and Visas;
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International travel;
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Attorney License;
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Foster care and adoption; and
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When employment requires an FBI background check (an FBI background check requires your fingerprints).
The most common jobs that require FBI background checks include schools, police departments, jobs with regular contact with children, banks, airports, casinos, Hazmat-endorsed CDL drivers. In all the above instances, if asked about a sealed record, you should disclose the record and explain that it has been sealed.