An expungement means the removal of criminal information so that there is no trace or indication that such information existed. It also means the elimination of all identifiers which may be used to trace the identity of an individual which allows only remaining data to be used for statistical purposes only. If your Lehigh criminal lawyer beats your case, gets you into section 17, or ARD, you can get an expungement. This comes from Title 18 section 9101 of the Pennsylvania Code. Section 9122 states that criminal history record must be expunged when,
- no disposition is been received or upon request for criminal history record information,
- no disposition has been recorded in the repository within 18 months after the date of arrest in the court of proper jurisdiction certifies to the director of the repository that no disposition is available, and no action is pending. Expungement may not occur until the certification from the court is received and the director of the repository receives the expungement order; or
- the person 21 years of age or older who is been convicted of a violation of section 6308 petitions the court of common in the county where the conviction occurred seeking expungement and the person has satisfied all terms and conditions of the sentence imposed the violation, including any suspension of operating privileges. Upon review of the petition the court shall order the expungement of all criminal history record information and all administrative records of the Department of Transportation really into said conviction.
Section 9120(2)(b) also provides for an expungement when one individual who is the subject of the information reaches 70 years of age and has been free of arrest or prosecution for 10 years following final release from confinement or supervision; or to an individual who is the subject of the information has been dead for three years. This can be filed by the Lehigh County family to clear a person's name in the elder years.
Notice of expungement must promptly be submitted to the central repository (wherever the records are file -- i.e. at the police station) which then must notify all criminal justice agencies which have received the criminal history record information to be expunged. The court must give 10 days prior notice to the district attorney of the county where the original charges filed of any applications for expungement under the provisions of section 9120 282. Supports know that the state please like standing to object to an expungement request or an expungement order, but the district attorneys office may do so. 9120(2)(c) expressly permits the prosecuting attorney in the central repository to maintain a list of the names and other criminal history information of persons whose records must by law or court rule be expunged when the individual has successfully completed a pretrial or post-trial diversion or probation program. This means that if you receive ARD and This information maybe used only for the purpose of determining subsequent eligibility for such programs and for identifying persons and criminal investigations, it must be made available to any court or law-enforcement agency upon request.