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Pennsylvania Juvenile Expungement Frequently Asked Questions Pennsylvania Flag

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Why would I want to expunge my juvenile record?

Your juvenile records are not automatically expunged. Therefore, the records of the arrest and court case may be visible to the public, including the exact offenses charged and the disposition of the case. By having the records expunged, the records are completely destroyed and erased from the system.

Will it show up on my background check?

Unless it is expunged, when a potential employer or other entity conducts a criminal background check, they will uncover records of prior arrests and dispositions. Expungement removes the information so that there is no trace or indication that such information existed. Therefore, it will not show on a background check.

Can it still be used against me in the future?

Yes, the case can still be used in proceedings involving subsequent juvenile charges, after adjudication of delinquency and in limited civil cases. Additionally, the District Attorney and Central Repository may maintain a list of the names and criminal history of individuals who successfully completed the conditions of any pretrial or post-trial diversion or probation program. Such information shall only be used for the purpose of determining subsequent eligibility for such programs and for identification in criminal investigations.

Do I have to disclose it ever?

You do not have to disclose the case and can answer with confidence to any inquiry or to an application for employment that you have not been convicted of a crime.

Can I expunge my fingerprints, DNA samples or photographs?

Yes, in certain case specific situations you can have your fingerprints, DNA samples or photographs expunged as well.

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

You can truthfully say you were not convicted to any question for employment. Additionally, it will no longer appear on a background check. This will certainly increase your chances.

What if I join the military?

If you want to join the US military, then it becomes a matter of federal law, not Pennsylvania state law. All branches of the military will want to know about your juvenile offenses, even if they have been expunged. There is still a risk of being discharged from the military if you don’t tell them and they later find out about it. It’s always advisable to disclose that you had a conviction, but it was taken before a judge and he deemed it in the interest of justice to expunge/seal the record from public view.

What if I want to become a police officer?

Once your juvenile records have been expunged, it is treated as though it never occurred, and you can deny it on any application, including an application to become a police officer. Thus, it is highly unlikely that anyone would be able to know about it.

What if a new job wants to call the court or my probation officer?

Your probation officer and the court are required to say that they have no record of your arrest or adjudication.

Does the District Attorney have to consent to the expungement?

If you are over 18 years old and five years has not passed since the adjudication, then the DA must consent. However, if it has been five years since the adjudication then the judge can still grant the expungement even if the DA does not consent.

What does the court consider in determining whether to expunge the case?

In determining whether to grant the expungement, the judge will consider the type of offense, age, history of employment, drug and alcohol problems, adverse consequences that the individual will suffer if the records are not expunged (for example: individual’s reputation, his livelihood and future earnings capacity) and the state’s interest preserving the record to protect the public.

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 juvenile adjudication 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 four to five 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 dismissed.

Do you have a money back guarantee?

We are unable to offer a money back guarantee because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We cannot afford to offer this low of a price and a 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 juvenile adjudication regardless of what you pled.

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, (4) violating probation and (5) not paying fines.

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 then we may recommend the person wait longer to refile.

How do the agencies know to expunge the case?

The petition for expungement that is sent to the court will include the individual agencies for the court to send the order to after it is granted. The criminal record databases will be updated to reflect that your juvenile adjudication was expunged and they are required to destroy their records.

How long does it take for the records to update?

Once the court orders the expungement, the court order for expungement will be promptly submitted to the Pennsylvania State Police Central Repository for Criminal History Information. That agency will disseminate the order for expungement to other agencies. We recommend 30 days for the order to be received and updated.

Will expungement clean up my DMV record?

Expungement will not affect your DMV record.

Can I own a firearm after expungement?

No. You must separately apply to have your gun rights restored. See Pennsylvania gun restoration requirements. Additionally there is also a lifetime prohibition from the United States government (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership of those convicted of misdemeanor domestic violence as defined by the federal law. Expungement in PA does not lift the federal prohibition.

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 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 delinquent adjudication 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, your right to vote is automatically restored upon released from incarceration. Therefore, you do not need an expungement in order to restore your voting rights.

Will it help with immigration?

It can still be viewed and considered when determining your immigration; however, it will appear better and increase your chances during the immigration proceedings.

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.

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Higbee & Associates
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811 Church Road
Cherry Hill, NJ 08002
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