Open 24/7 412-765-3345
Open 24/7 412-765-3345
Making a single legal mistake shouldn’t always have to follow you forever. Unfortunately, for many people, a criminal record follows them long after the occurrence, even after rehabilitation. This can cause hindrances in employment and living situations. When you are ready to have a clean slate and leave your criminal record in the past, a Pittsburgh expungement lawyer can help you in the process.
The attorneys at SMT Legal are more than just lawyers. They grew up together in Pittsburgh and still live right here in town. This family atmosphere means they work especially well together and care deeply about the clients they help.
While they try their hand at everything, most of their criminal defense cases tend to be more serious. The attorneys pride themselves on thinking things through and thoroughly reviewing each case. Thanks to their deep understanding of Pennsylvania’s legal system and court processes, they offer a personal touch while still standing out from the crowd.
Pennsylvania law allows for certain records to be expunged or erased from the public record. While some people won’t qualify for expungement, many will. Pittsburgh expungement cases are filed through the Allegheny County Courthouse, where the judge will determine if your record qualifies for erasure.
Expungement refers to the removal of a criminal charge or arrest from your public record. Once a record has been expunged, it has been erased for all purposes. That means that when a background check company runs your record, your arrest or charge will not appear. Expungement is different from record sealing, also known as limited access. While both relieve you of certain responsibilities regarding your record, expungement is more thorough.
Not everyone will qualify to get their record expunged. In most cases, it’s not an option for felony convictions. However, if you do qualify to have your record expunged, it is the most complete form of relief that Pennsylvania allows. Remember that expungement doesn’t make it like your arrest never happened. Rather, it prevents the arrest from impacting your life in the same way it did before.
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Many different scenarios can qualify as expungement in Pennsylvania. Much of it will depend on what happened in your case. This involves questioning whether or not you were convicted and how much time has passed since your charge or arrest. Some of the most common examples of who qualifies for expungement include:
Felony convictions usually do not qualify for expungement. However, they may still qualify for other types of relief, like limited access. It is important to know how the legal rules apply to you.
Pennsylvania law dictates when you can petition the court to have your record expunged. This law can be found at 18 Pa.C.S § 9122. Under this statute, you may be eligible if your record falls under one of the categories listed.
Courts will review expungement cases individually to determine if your record qualifies. They will look at the facts of your arrest or charge and apply them to the law. Because your case is reviewed individually, two people with similar records could receive different results.
To have your record expunged, you will need to file a petition with the court. In Pittsburgh, this means filing with the Allegheny County Court system. Your petition should include information on the case you want expunged. This means why, where, and when you were charged. You may also need to provide other supporting documentation. Once filed, your petition will be reviewed by the court and potentially heard before a judge.
The district attorney’s office will likely be given a chance to review your petition as well. Ultimately, it will be up to the judge to determine if your record can be expunged. Once the judge approves your petition, they will order the relevant agencies to expunge your record. Agencies like police departments and the courts will erase all records of your charge.
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Some people wonder if it is worth it to hire an expungement lawyer. While some cases are straightforward, others are more complex and may further need the legal help of a Pittsburgh expungement attorney.
For instance, if you have more than one case that needs expungement, a lawyer can help with these complexities. Perhaps you’re not sure if you were convicted or if the waiting period has passed. These details are important and can affect how your petition is viewed.
Filling out paperwork incorrectly or providing insufficient information can cost you time. If you know how to properly file a petition for expungement, you will have a better idea going forward. Some people can also qualify for other methods of relief, such as record sealing. An attorney can help you understand if there are other options available to you.
One in three adult Americans, or between 70 and 100 million, is thought to have a criminal history. More than 25% of employees in active employment, and over half of men in the workforce pool, had one prior conviction. This shows how many people can benefit from expungement.
Expungement doesn’t just help you in the eyes of the law. By having your record expunged, you may open yourself up to new opportunities. Whether you’re applying for a job, an apartment, or school, you will likely have to disclose your criminal history. A background check will bring all of your past mistakes to light. Even if your case wasn’t a conviction, you could be risking it all with your record.
Not only could expungement help you financially, but it can also help you feel better about yourself. If you’ve long since moved past your criminal behavior, you should allow yourself to forget about it, especially when embarking on new opportunities.
Because many people don’t understand expungement, there are plenty of myths surrounding it. One of the biggest myths about expungement is that anyone can get their record cleared. Expungement, unfortunately, isn’t something you automatically receive. You have to meet certain qualifications, and some people do not meet them.
Another common myth about getting your record expunged is that it’s an automatic process. Some people believe their record will be automatically expunged after some time has passed. In reality, you have to file a petition with the court and wait for them to approve it. People also think that once your record has been expunged, it’s gone forever. Even though it’s no longer publicly accessible, government bodies still retain the ability to access that information.
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Although getting your record expunged can provide many benefits, it isn’t always easy. Difficulties can occur when paperwork is missing or incomplete, when you may or may not qualify, or when you have more than one case to file.
Sometimes you may think you qualify for expungement, only to find out that your case doesn’t meet the qualifications of the law. Other times, there may be mistakes made or missing paperwork. Every case is different, so it’s important to evaluate each situation.
Expungement costs in Pennsylvania can differ on a county-by-county basis as well as case by case. Most expungements require a court filing fee as well as some administrative costs. Some counties may charge more if there are more than a few agencies involved in the arrest or charge. You may also incur additional costs if you pay someone to run a background check or lawyer fees.
Pennsylvania does not allow most convictions for misdemeanors or felonies by adults to be expunged. Exceptions are typically charges that did not result in a conviction, like dismissed charges or not guilty verdicts. Summary offenses may be expunged after a waiting period. More serious convictions generally cannot be expunged, unless some other form of relief is available, such as sealing of the record.
The Pennsylvania expungement process can take a long time to complete. Once you file your petition and it’s approved, several agencies will have to update their records. It really depends on your court’s calendar, how complicated your case is, and how many agencies have to carry out the expungement order.
In Pennsylvania, the first step to expungement is making sure your case is eligible for relief. Once you know your case is eligible based on the outcome, you will generally need to obtain your criminal history, draft a petition, file it with the court, and pay fees. A judge will review your request and grant your petition if applicable. The judge will send an order to various agencies telling them to expunge your record.
If you have a criminal record and are wondering if you’re eligible for expungement, SMT Legal can help you in the legal process. Contact us today for more information.
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