REMOVING
BARRIERS

Let's Put the Past in the Past

A criminal record can create lasting barriers, making it harder to find a job, secure housing, or support a family.  Summit Legal Aid helps by working with eligible clients to clear or seal prior criminal records, opening doors to employment and stability.  By removing these barriers, we not only help individuals move forward but also strengthen families and communities as a whole.

What to Bring

Before you call or visit Summit Legal Aid, please gather any paperwork you have relating to your criminal record.  Summit Legal Aid can also check to see what is on your record.

Pardon Project of Washington County

Pardon applications in Pennsylvania are free, more accessible than ever, and a powerful tool for those who deserve a second chance.  No lawyer is needed, and 80% of people who go before the Board of Pardons are granted a pardon from their record – total forgiveness by the state requiring the courts and law enforcement to erase your record.  Washington County has formed a team of public officials, lawyers, nonprofits, and community leaders to help applicants write the best pardon application they can.

Do you have a nonviolent Washington County record?  Do you live in Washington County and have such a record?  Have you been off of probation or parole for over three years? Or will you volunteer to help someone clear their record?  Learn about our pardon project here.

Expunging and Sealing Records

Don’t let old charges and convictions hold you back from getting ahead in life. Even if charges are withdrawn or dismissed or you are found not guilty, charges stay on your public record. Some old convictions on your record do not need to remain there.  These can interfere with your ability to get a job, get housing or public assistance, enlist in the military and even protect your parental rights. But there are ways to fix this.

Expunging and sealing records can help you by either clearing your record or removing it from public view. Expunged records are destroyed and gone forever.  While law enforcement and the courts can still access sealed records, employers, landlords and the general public cannot, and you can treat them as though they never existed.

As long as you haven’t been convicted of a charge, our expungement lawyers can petition for either a full or partial expungement.  In some cases, you can be cleared of a conviction as well; see below for details.

Expungements

Expungements can be granted for any conviction in these limited circumstances:

  • Summary non-traffic citations (so long as fines/costs are paid)
    • if you have been free from arrest for 5 years, or
    • if the conviction occurred before you were 18, and you are now 18+ and over 6 months has passed.
  • You are 70 and have been free from probation or incarceration for at least 10 years.
  • A relative has been deceased for at least three years.

Automatic Sealing

  • Non-convictions, after 30 days
  • Summary convictions, after 5 years
  • Low-level Misdemeanors, specifically any misdemeanor with a maximum sentence of 2 years or less, including Misdemeanor 2s and 3s and drug possession offenses, if you have been free from conviction for a Misdemeanor or Felony for 7 years, except 1-2 qualified felony drug convictions, and if you:
    • have no Felony convictions, except 1-2 qualified felony drug convictions, and if you:
      • have no more than one Misdemeanor 1 conviction,
      • have a total of less than four convictions of any Misdemeanor and
      • have not been convicted of certain Misdemeanor 2s and 3s, including Indecent Exposure and Failure to Register as a sex offender.
  • Misdemeanors ineligible to seal: any crime of violence, firearms and sexual offenses, Corruption of Minors, and Cruelty to Animals.

Sealing By Petition*

  • All Misdemeanors except those listed below, if you have no Misdemeanor or Felony convictions for 7 years, Felony drug convictions with sentences of less than 30 to 60 months, or nonviolent Felony 3s, including Criminal Mischief, Criminal Trespass, Theft, Forgery, and Fraud, if you have no Misdemeanor or Felony convictions for 10 years and if you:
    • have never been convicted of a Felony 1 or higher Felony such as murder,
    • have not been convicted within 10 years of 2 or more Misdemeanor 1s or higher,
    • have not been convicted within 15 years of:
      • 4 or more Misdemeanor 2s or higher,
      • crimes of violence, firearms, and sexual offenses
      • certain offenses, including Indecent Exposure and failure to register for a sexual offense.
    • Misdemeanor 1 convictions ineligible to seal: any crime of violence, firearms and sexual offenses, and
      Corruption of Minors.

*Restitution must be paid in full before any record can be sealed.

If I cannot expunge or seal my record, can I get a pardon?

If you are ineligible for expungement or sealing, you can apply for a pardon. This is a long process: after submission, it takes at least two years, and includes an investigation by the Board of Probation and Parole and a hearing before the Board of Pardons. The following are taken into consideration when deciding whether or not to grant a pardon:

  • The amount of time that has passed since the crime was committed
  • That you have completed and complied with all sentence requirements
  • That you have made positive changes to your life since the crime
  • What impact the crime had on the victim
  • Why you need the pardon (for example, that you have been turned down for jobs or housing)

The criminal records law is found at 18 Pa.C.S. Chapter 91.

Your dockets can be viewed at www.ujsportal.pacourts.us, and criminal backgrounds can be obtained at www.psp.pa.gov.

Forms for the public: www.pacourts.us/forms

For more online information, go to www.palawhelp.org.

WE CAN HELP

If you need an expungement lawyer, we can advise you on whether you are eligible to petition for expungement, sealing or a pardon for your record. We can petition to expunge or seal your record at no cost.

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