Philadelphia Criminal Expungement Lawyer

A past criminal charge or arrest can follow you long after a case is resolved. Even when charges are dismissed or result in a minor offense, a public record can affect employment opportunities, housing applications, professional licensing, and your personal reputation. In Pennsylvania, expungement offers a legal path to clear certain records and allow people to move forward without the weight of a prior conviction. At Goldshaw Greenblatt Pierce LLC, we represent individuals in Philadelphia seeking to expunge eligible criminal records and take control of their future.

Expungement is not automatic, and eligibility depends on the nature of the case, how it was resolved, and how much time has passed. Understanding whether your record qualifies and how to pursue relief requires careful evaluation of Pennsylvania law and the details of your case. Taking action can make a meaningful difference in how you are viewed by employers, landlords, and others who rely on background checks.

Criminal Expungement Law in Pennsylvania

Pennsylvania gives people several ways to reduce the impact of a criminal record, but the process is often misunderstood. One of the biggest sources of confusion is the difference between expungement and record sealing. An expungement removes criminal history information from public records, while a sealed record under Pennsylvania’s Clean Slate laws remains in existence but becomes generally inaccessible to most employers, as well as members of the public.

The primary statute governing expungement is 18 Pa.C.S. § 9122, while related provisions governing limited access and Clean Slate relief appear in Sections 9122.1 through 9122.6.

Pennsylvania Expungement Under Title 18, Section 9122

18 Pa.C.S. § 9122 establishes specific situations where criminal records may be expunged.

Non-conviction records

Pennsylvania generally allows expungement when a case does not result in a conviction. Examples include:

• Charges dismissed by the prosecution

• Withdrawn charges

• Certain diversionary program completions

In addition, in the case of a full acquittal, section 9122 requires courts to expunge all criminal history records related to the acquittal. This process is automatic and does not require any action on the part of the defendant to get their records expunged.

Summary offense convictions

Pennsylvania allows expungement of summary convictions if:

• Five years have passed since the conviction

• The person has remained free of arrest or prosecution during that period

Summary offenses often include lower-level matters such as disorderly conduct, public drunkenness, harassment, underage drinking, and first-offense retail theft where the value of the property in question is less than $150. Summary offenses are minor infractions often treated as “non-traffic citations,” although they technically are considered to be criminal offenses and can still create significant adverse consequences to a person with one of these convictions on their record.

Age-based Expungement

Further, criminal history information may also be expunged if:

• The individual reaches age 70 and has remained arrest-free for ten years after completion of supervision or confinement

• The individual has been deceased for three years

Certain underage alcohol offenses

Section 9122 allows expungement of qualifying alcohol consumption and related offenses that occurred after the offender turned 18, following completion of sentence requirements. Specifically, the law allows for expungement once the person has reached the age of 21, completed all the terms of their sentence (including paying all fines and costs), and satisfied any driver’s license suspension resulting from the conviction.

What usually cannot be expunged

Most adult misdemeanor and felony convictions do not qualify for standard expungement simply because time has passed. This is where many people run into problems. Someone may believe that because a conviction is old, it can automatically be erased. Pennsylvania generally does not allow that.

For example:

• Serious offenses and violent crimes typically remain on the record

• A ten-year-old felony drug conviction generally is not expungeable

• Most misdemeanor convictions remain ineligible for expungement

However, despite being ineligible for expungement, some individuals may still be able to obtain relief through Clean Slate sealing or pardon-based relief.

Automatic Sealing Under the Pennsylvania Clean Slate Act

Pennsylvania became one of the first states to adopt automatic record-sealing laws through the passage of the state’s Clean Slate Act. The important distinction between sealing and expungement is that Clean Slate does not erase the conviction. Instead, it seals it from most public view. However, criminal justice agencies, including law enforcement, courts, authorized government agencies, and certain providers of services to these agencies, can still access the information.

Automatic sealing may apply to:

• Certain nonviolent misdemeanor convictions

• Some summary convictions

• Cases that did not result in a conviction

• Additional categories added through later legislative expansions

Eligibility generally requires:

• Completion of all sentencing requirements

• Payment of restitution and court obligations where required

• Remaining conviction-free during the statutory waiting period

One significant point to keep in mind is that people frequently say their records have been “expunged” after Clean Slate relief. Legally, that is inaccurate. The record still exists; it simply becomes subject to limited public access.

When Expungement Is Not Available: Pardons

For many adult convictions, a pardon becomes the only path to actual expungement. Pennsylvania allows a conviction that has received an unconditional pardon to later become eligible for expungement.

The process generally involves:

1. Filing an application with the Board of Pardons

2. Providing personal history and case information

3. Demonstrating rehabilitation and positive conduct

4. Participating in a review and possibly a hearing

5. Receiving approval and then gubernatorial action

People sometimes view pardons as a backup plan that simply requires patience. The reality is more demanding. Pardons are available, but they are not routine administrative procedures. They are discretionary and often involve lengthy review periods. Approval typically depends on factors such as:

• Time since conviction

• Criminal history after the offense

• Rehabilitation

• Employment history

• Community involvement

• Strength of supporting evidence

Individuals with a single old offense and a long record of positive conduct may have stronger cases than individuals with multiple convictions or recent criminal activity.

The process can take years rather than months, and many applications do not succeed. That does not make a pardon impossible; it means people should hold realistic expectations. A pardon should generally be viewed as a long-term strategy rather than a quick solution.

Standard Petition Process for Expungement in Philadelphia

If a person qualifies under Section 9122, expungement generally requires filing a petition in the county where the case occurred. Although procedures differ somewhat among counties, the process often looks like this:

Step 1: Obtain criminal history records

The person typically gathers:

• Court dockets

• Disposition records

• Pennsylvania State Police criminal history information

• Documentation showing sentence completion

Step 2: File the petition

The petition identifies:

• Charges and docket numbers

• Grounds for expungement

• Statutory authority supporting relief

Step 3: Notice to the prosecutor

Pennsylvania law requires notice to the district attorney before certain expungements are granted. Prosecutors may object.

Step 4: Hearing if necessary

Some cases proceed without a hearing, while others involve court appearances. If the case proceeds to a hearing, judges may consider:

• Eligibility under the statute

• The circumstances of the offense

• Public interest considerations

Step 5: Court order and agency notification

If the court grants relief, notice is sent to the Pennsylvania State Police repository and other agencies possessing criminal history information. The process can become more complicated when cases involve multiple charges, ARD (pre-trial diversion) participation, partial acquittals, or records spread across multiple counties.

How a Criminal Record Can Affect Your Future

A criminal record can create barriers that extend far beyond the courtroom. Employers often conduct background checks as part of the hiring process, and even a minor record can raise concerns. While the Pennsylvania Criminal History Record Information Act, 18 Pa.C.S. § 9125, limits the consideration of criminal records to convictions to the extent to which they relate to the candidate’s suitability for a specific position, in reality, this can form a barrier to many types of employment for those with criminal records.

Housing is another area where records can have a significant impact. While arrest records alone generally are not a reliable basis for denying housing, they may still be considered, and certain convictions certainly can. Philadelphia, additionally, has a housing ordinance that prohibits blanket bans based on tenant screening that includes criminal convictions and requires landlords to engage in individualized analysis. Professional licensing boards, educational institutions, and financial institutions may also consider criminal history in their decision-making processes.

These consequences can persist for years, even when the underlying incident was minor or occurred long ago. Expungement provides an opportunity to remove these obstacles and pursue opportunities without the burden of a public record.

Although expungement is a form of relief rather than a contested case, it still requires a precise and well-supported application. Courts rely on accurate records and clear documentation to determine eligibility, and any inconsistencies can affect the outcome.

One of the challenges in these cases is obtaining complete and accurate information about prior charges and dispositions. Records may be incomplete, particularly in older cases, and multiple agencies may be involved in maintaining different parts of the record.

In addition, timing is critical. Filing too early, before eligibility requirements are met, can result in a denial that delays the process. Understanding the applicable waiting periods and conditions is essential to presenting a successful petition.

A careful and informed approach helps ensure that the process moves forward efficiently and that eligible records are properly cleared.

How Goldshaw Greenblatt Pierce LLC Handles Expungement Matters

At Goldshaw Greenblatt Pierce LLC, we assist clients through every stage of the expungement process, from determining eligibility to preparing and filing the petition. Our goal is to provide a clear and efficient path toward clearing your record.

We begin by reviewing your criminal history in detail to identify which cases may qualify for expungement or other forms of relief. We gather the necessary documentation, verify case outcomes, and ensure that all required information is included in the petition.

Our team prepares filings that are accurate, complete, and aligned with the requirements of Pennsylvania law. When necessary, we address questions or objections that may arise during the review process and advocate on your behalf to support your request.

We understand that expungement is often about more than legal relief. It is about removing barriers and creating opportunities for the future. Our approach reflects that goal, focusing on practical outcomes that make a meaningful difference.

Frequently Asked Questions

Who is eligible for expungement in Pennsylvania?

Eligibility depends on the outcome of the case. Charges that were dismissed, withdrawn, or resulted in a not guilty verdict are often eligible. Some summary offenses may also qualify after a waiting period.

How is expungement different from record sealing?

Expungement removes a record from public access, while record sealing limits who can view the record. Some offenses that cannot be expunged may still be eligible for sealing under the Pennsylvania Clean Slate Act.

How long does the expungement process take?

The timeline can vary depending on the court and the specifics of the case, but the process generally takes several months from filing to final decision.

Do I need to go to court for an expungement?

Not always. Some cases are decided based on the written petition, but a hearing may be required if there are questions or objections raised by the prosecutor.

Can I expunge a conviction?

Most convictions cannot be expunged, but some summary offenses may qualify. Other forms of relief may be available for more serious convictions.

Speak With a Philadelphia Criminal Expungement Lawyer

If you are seeking to clear your criminal record, Goldshaw Greenblatt Pierce LLC can help you evaluate your eligibility and guide you through the expungement process. We represent individuals in Philadelphia who are looking to move forward with greater opportunity and without the stigma and burden of a criminal record.

Contact Goldshaw Greenblatt Pierce LLC today to discuss your situation and take the next step toward clearing your record.