Pennsylvania Expungement Lawyer
Serving Perry County, Juniata County, and New Bloomfield, PA
If you have a criminal record and want to clear your name, seeking an expungement may be the ideal course for you. Your Perry County expungement lawyer from Czekaj Law, LLC has the knowledge and experience to get you through the filing and hearing process required to receive an expungement so that you can move forward with life.
What Is Expungement?
An expungement is the legal process under Pennsylvania law to “erase or remove completely” an arrest, charge, or conviction from your criminal record. The process seals your criminal record and directs the court to treat the conviction as if it never occurred. It is erased from public records.
Expungement is not “forgiveness” for committing a crime. Law enforcement and immigration agencies can still see your criminal record. However, an expungement can help you move forward with your career objectives, personal life, and more.
Do I Need an Expungement Lawyer?
Although it is possible to request an expungement and go through the process on your own, it will be very difficult. You must find out what is on your record and file the appropriate motions to get it removed. You will have to prove to the court that your expungement meets all legal requirements. This can be difficult.
Czekaj Law, LLC has worked with many clients seeking expungements. We understand Pennsylvania law and can guide you smoothly through the process. We will reduce your stress and help you achieve a clean record as quickly as possible.
Seeking an Expungement from the Court
There are several steps in the expungement process. Hiring an expungement lawyer can help you make sure that you complete these steps in accordance with the court’s guidelines and deadlines.
Get a Copy of Your Criminal Record
To clear your criminal record, you first need to know your criminal record. An expungement attorney can help you submit form SP 4-170 – Request for Individual Access and Review Not for Employment Purposes with the Pennsylvania State Police. This form must be mailed along with a $20 money order payable to the Commonwealth of Pennsylvania, a copy of your government-issued photo ID, and a legal affidavit or letter of representation, if applicable. Your attorney can draft a legal affidavit, as it must contain specific language. You will receive your full arrest record via mail from the Central Repository.
File a Motion with the Clerk of Courts
After you receive a copy of your criminal record, you and your attorney will file a Motion for Expungement with the Clerk of Courts in the county where your arrest took place. You will also have to serve a copy upon the district attorney in that county.
The District Attorney will have an opportunity to agree or disagree with your motion. If they oppose your motion, you may have to attend a hearing to prove why your record should be expunged. In most cases, the District Attorney will only oppose a Motion for Expungement if you don’t meet all the required elements.
If the district attorney agrees with your motion, it goes before a judge. Once the judge approves your expungement, you must submit that document to the Pennsylvania State Police, and your record will be expunged.
You have a clean slate in which potential employers and the public will not be able to view your criminal past.
Expungement in ARD Cases
You can also seek an expungement for a criminal record in the Accelerated Rehabilitative Disposition program. This court-ordered program allows individuals to avoid jail or prison for minor, non-violent offenses. The ARD is intended to serve those without a criminal record or a limited criminal record.
In recent years, people who completed ARD enjoy an automatic expungement of their criminal record. However, the public can still view your criminal record if you completed ARD before March 28, 2013.
ARD expungements follow the same procedure. A New Bloomfield expungement lawyer can help you through this process.
Call an Expungement Attorney for Help
The expungement process is complex, and sometimes a district attorney may object. A knowledgeable expungement attorney can help you avoid potential issues or opposition.
You can have a clean start with an expungement. Czekaj Law, LLC can help.