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Pennsylvania Arrest Record Expungement Frequently Asked Questions Pennsylvania Flag

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Will it still show up on my background check?

Once expunged, all public agencies (such as the court, the prosecuting office, and the police agency or agencies involved) will seal your records. So that either the arrest or conviction record will appear on your background check.

Can it still be used against me for a future conviction?

The prosecuting agency and the central repository in Pennsylvania (the PA State Police) will keep records of an expunged offense and use it for future investigative purposes only, but not for purposes of impeaching your testimony in court or enhancing your sentence for a future offense.

Do I have to disclose it ever?

No. Once an arrest or conviction has been expunged, you can legally deny it as though it never happened.

Can I become a schoolteacher, nurse, or other occupation?

Pennsylvania law specifically prohibits state agencies from considering any conviction that has been expunged in deciding whether to issue a license, certificate, or registration. Furthermore, arrests that have not resulted in a conviction may not be considered, whether or not the arrest has been expunged.

Do I need to hire an attorney or can I do it myself?

You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay (2) handle objections from the district attorney (3) send an attorney to court to argue the case if need be and (4) write letters to potential employers letting them know that the case has been reopened and will soon have the case off of your record.

Do I have to go to court?

No, we go for you. If the court requests your presence and you are unable to make it then we will request for your presence to be excused.

How long does the process take?

Typically, the case takes about three to four months.

Can it be done faster?

The courts work on a first come, first serve basis. Therefore, the sooner you sign up, the sooner it is heard and decided. If it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having it expunged.

What are the details of the guarantee?

If we are unable to succeed on your case, we have a money back guarantee for certain services. Please view the pricing for details regarding the money back guarantee.

Do you have payment plans?

We can create a payment plan that meets your needs. Please view the pricing for details regarding the payment plans.

What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.

Does it matter if I pled guilty or no contest?

No, it does not matter. We can expunge your conviction regardless of what you pled as long as that arrest or conviction is eligible for expungement.

What if I have multiple cases?

f you were not arrested or charged for another offense within five (5) years following the “summary offense” that you want to expunge, then that summary offense is eligible for expungement. Otherwise, if your offense was not a “summary offense,” you can only expunge under one of the following circumstances: Your arrest did not result in a conviction The conviction is under section 6308, title 18 (relating to the purchase, consumption, possession, or transportation of liquor or malt or brewed beverages), and you are least 21. You are at least 70 years old, and have not been arrested or charged with any offense for at least 10 years following the completion of your most recent sentence, or You have been dead for at least three years.

What is a summary offense?

A summary offense is any offense that is not a felony or misdemeanor. They include very minor offenses like underage drinking, retail theft or obstruction of the highways.

What is ARD?

ARD stands for Accelerated Rehabilitative Disposition and is a court program, typically given to first offenders who are unlikely to commit another crime. If the person successfully completes ARD then the case is dismissed and the person is considered not convicted of the crime.

If I was convicted of a felony, can I have it reduced?

At this time, there does not appear to be any law in Pennsylvania that allows for a felony to be reduced to a lower offense.

What happens after my case is expunged?

You will receive a court order expunging your conviction. The general public will no longer have access to the records, and state agencies may no longer consider your conviction for any reason even if they find out about the conviction.

How do the agencies know it was granted?

The court will send the granted order to the PA State Police as well as the Department of Transportation, who will then expunge your information from their records. The prosecuting agency and the PA State Police may keep records of an expunged offense and use it for future investigative purposes only, but not for purposes of impeaching your testimony in court or enhancing your sentence for a future offense.

How long does it take for the records to be updated?

The court updates the court records within 48 hours and the PSP may take up to 30 days to update their records. However, the PSP typically updates their records before the 30 days expire.

What is the main reason that a request to expunge is denied?

If it is denied, it is usually because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe it will be in the interest of society to grant you the expungement, (4) you violated your probation or have not paid all your fines, or (5) you or the offense is otherwise not eligible for expungement.

What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we do not believe that refiling would be successful or we recommend the person wait longer to refile, then there is the money back guarantee for certain services.

Will it relieve me of the requirement to register?

No. An offense that requires sex offender registration would not be eligible for expungement. So, the fact that you get other non-sex offenses expunged would have no effect on your requirement to register if you have sex offenses that require registration.

Will expungement clean up my DMV record?

Yes. An expungement order will require the Department of Transportation to expunge all of its administrative records pertaining to that offense.

Can I visit Canada after this?

If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you may be prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so whatever the Canadian government will have whatever information the United States has. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of this will show the Canadian government that the matter was resolved and no longer considered a conviction and improve the odds of not being denied entry to Canada or being stuck at the border for lengthy interrogation.

Can I get a Sentri pass?

The Border Patrol has discretion in granting or denying Sentri passes. So the only thing we can say for sure is that it would help; so it would be wise to invest in record clearing before applying for a pass. A modest investment in expungement could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.

Can I vote after this?

In Pennsylvania, you only lose your voting rights if you have been confined in a penal institution within the last five years.

Will it help with immigration?

Immigration authorities will always want to know about your past arrests and convictions, whether or not they have been expunged. Thus, it would be more beneficial to be upfront about them than conceal them and then have them be discovered later.

Can I clear my federal conviction?

You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.

Will this restore my right to own a firearm?

There is a separate process under Pennsylvania state law in which you can petition a court to restore your gun rights if they have been taken away. Getting an expungement does not automatically restore your gun rights. Furthermore, under federal law there is a lifetime ban on gun ownership for all those convicted of a misdemeanor domestic violence offense (as defined by the federal law). The federal definition is different than most states’ definition, so your domestic violence conviction in Pennsylvania might not trigger the federal law. Again, getting an expungement will not automatically lift the federal ban if it applies to you.

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Higbee & Associates
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811 Church Road
Cherry Hill, NJ 08002
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