What is the time frame for expunging a felony record?

Full question:

Is there a time frame in how much time you have to get your record expunged? For example if the felony charge was convicted a year ago, how long do you have to wait till you can start expunging procedures? Is there also an expiration date of too many years gone by that it is too late to expunge a record?

  • Category: Criminal
  • Subcategory: Expungement of Criminal Records
  • Date:
  • State: Pennsylvania

Answer:

In Pennsylvania, the law outlines specific conditions under which criminal records can be expunged. Generally, you can seek expungement if:

  • No disposition has been recorded within 18 months after arrest, and the court certifies that no action is pending.
  • A court order mandates the expungement of non-conviction data.
  • You are 21 years or older and have completed all terms of your sentence for certain alcohol-related offenses.

Additionally, records may be expunged when a person reaches seventy years of age and has been free of arrest or prosecution for ten years after their release, or if the individual has passed away for three years.

It's important to note that there are restrictions on expungement for certain serious offenses, especially those involving minors. If you were convicted of a felony a year ago, you typically must wait until you have completed your sentence and any required probation or parole before beginning the expungement process. However, there is no strict expiration date; as long as you meet the conditions set forth by the law, you can pursue expungement regardless of how much time has passed since your conviction.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In New Jersey, a criminal record does not automatically clear after seven years. Expungement is a legal process that must be initiated by the individual. Certain offenses may be eligible for expungement after a specific waiting period, which can vary based on the type of conviction. For example, disorderly persons offenses can be expunged after five years, while indictable offenses may have longer waiting periods. It's essential to consult with a legal professional to understand your specific situation and eligibility for expungement under New Jersey law. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*