How Do I Qualify for Expungement?
In Pennsylvania, there are a few ways in which a person may qualify to have their criminal record expunged. Due to state law requirements, these possibilities aren’t necessarily beneficial to individuals who are seeking an expungement because of how it has affected their career or other areas of their life. For example, the first way to qualify for expungement is if you are at least 70 years old and have been free of any prosecutions or arrests for 10 years. However, this 10-year period only begins once the original probation or prison sentence has ended, which could add years to the process. Depending on your current stage of life and motivations for an expungement, such as applying for a new home or job, this exception may not benefit you.
Another way to have your record expunged is if you have not been arrested in the last five years. This option, however, only applies to summary offenses, or most non-violent crimes, which rules out simple assault crimes. Similarly, you can also have a crime expunged after the successful completion of an ARD program or Section 17 probation, which are both typically implemented for non-violent misdemeanors.
Finally, an expungement may be granted if the convicted has been deceased for three years. While this procedure is clearly not beneficial to the deceased, it could provide relief to the family of the decedent.
Pennsylvania’s New Expungement Law
The good news is that Pennsylvania recently passed a new expungement law in 2018 in order to expand the types of misdemeanors that qualify for expungement. While the Senate Bill 391 was primarily instated to expunge second and third-degree misdemeanors, there is an exception for a violent offense of the third degree.
If in the case of a third-degree misdemeanor, the defendant was involved in a mutual struggle or a fight with another willing participant, then the assault can be removed from his or her record. But the requirements for having a simple assault expunged are stricter than Pennsylvania’s standard expungement rules. For example, only after avoiding arrest or conviction for 10 years can you request that your record be sealed; which is different from expungement in that it is still accessible by law enforcement officials. The general public or an employer, however, will have a lot of difficulties viewing your criminal history, which offers the best case scenario in preventing the crime from affecting your everyday life.
In the case of second-degree misdemeanor simple assault, there are no exceptions to having your criminal record expunged unless you receive a pardon from Pennsylvania’s governor. This also applies to all sex-related assault offenses.
In order to better understand the options for an expungement and how to proceed with your simple assault charge, contact our experienced assault attorneys for a consultation. With years of experience helping individuals get their criminal records expunged, our team can help you move on with your life.