Criminal Charges: Is My Case Eligible for Expungement?
A criminal record can be permanent. It can prevent a person from securing employment, from being accepted into college or graduate programs, or from being approved for a lease or mortgage. Even if a criminal arrest does not result in a conviction, the record of arrest can remain public. Under certain specific circumstances, it may be possible for a person’s arrest or criminal record to be “expunged”, or removed from the public record.
What Charges Can Be Expunged?
Non-convictions, which are charges that did not result in a conviction, can be expunged immediately. This includes charges that were “dismissed”, “withdrawn”, or “nolle prossed”. Summary convictions can be expunged if a person has been arrest-free for 5 years following conviction, and all fines and costs have been paid in full.
Additionally, if you completed a diversion program such as ARD, the Small Amount of Marijuana Program, or Section 17, such charges can be expunged. Convictions for those who are 70-years-old and older and have been arrest-free for 10 years can also be expunged. Some juvenile records can be expunged as well.
Criteria for Expungement Eligibility Might Include:
- Sufficient time since the conviction or the conclusion of the criminal case;
- No additional criminal history since the end of the case;
- No convictions for certain disqualifying offenses, which usually include serious felonies;
- Minimal prior criminal history;
- Completion of all terms of deferred disposition, probation, parole, or the sentence.
To learn if your criminal record is eligible for expungement, contact our Criminal Defense attorneys at Scartelli Olszewski, P.C.