Like all states, Pennsylvania maintains centralized records of criminal history information. These records contain a broad range of information collected by criminal justice agencies throughout the State arising from brushes with the law, including records of arrest, indictment, other formal criminal charges and the disposition of those charges. If you are arrested in Pennsylvania, even without ever being charged with a crime, a record of your arrest is maintained by the State.
Maintenance of comprehensive and accurate records serves an important state function, aiding law enforcement agencies, courts and corrections officials in performing their duties.
While most would agree upon the need for maintenance of such records, that tune can change when it is your name that pops up on the State’s computer screen as having a criminal past. Such minor affairs as retail theft, disorderly conduct and driving under the influence show up in criminal background checks. With the advent of our modern information age, such information has become available to potential employers. Not surprisingly, potential applicants in fields such as security, financial services, law enforcement and even less sensitive areas such as health care, real estate and the like face serious hurdles if a criminal past is disclosed. What, if anything, can be done to “clean up” such criminal histories?
There are at least two ways to eliminate or reduce the potential adverse impact of prior contact with the criminal justice system: expungement and pardon. In essence, expungement is the removal of criminal history information from all known repositories so that there is no trace or indication that such information existed. Expungement is governed by statute in Pennsylvania and is tightly regulated.
With the exception of certain cases handled under the Accelerated Rehabilitative Disposition Program, expungement is mandatory where an arrest is not disposed of within 18 months or as otherwise provided by court order. Criminal history record information may be expunged in other cases when an individual reaches 70 years of age and has been free of criminal involvement for 10 years, or if an individual has been deceased for three years. In most cases, therefore, the conditions required to obtain an expungement are difficult to meet.
An exception exists in the area of Accelerated Rehabilitative Dispositions, which are typically available to first time offenders in areas such as driving under the influence, retail theft and similar minor infractions. Successful completion of the ARD Program usually leads to expungement of the criminal record upon later petition of the successful ARD candidate. Expungement is not automatic, however, and is not a matter of right.
Where expungement is unavailable, it may be possible to obtain a pardon from the Governor. While somewhat rare, pardons are typically granted for minor offenses where it can be shown that the offender has been free of criminal contact since the offense and the criminal record so adversely affects the life of the applicant that a pardon is warranted. Pardons are uncommon but are worth pursuing where an otherwise law abiding person continues to have significant adverse consequences (such as job loss) years later.
Maintenance of comprehensive and accurate records serves an important state function, aiding law enforcement agencies, courts and corrections officials in performing their duties.
While most would agree upon the need for maintenance of such records, that tune can change when it is your name that pops up on the State’s computer screen as having a criminal past. Such minor affairs as retail theft, disorderly conduct and driving under the influence show up in criminal background checks. With the advent of our modern information age, such information has become available to potential employers. Not surprisingly, potential applicants in fields such as security, financial services, law enforcement and even less sensitive areas such as health care, real estate and the like face serious hurdles if a criminal past is disclosed. What, if anything, can be done to “clean up” such criminal histories?
There are at least two ways to eliminate or reduce the potential adverse impact of prior contact with the criminal justice system: expungement and pardon. In essence, expungement is the removal of criminal history information from all known repositories so that there is no trace or indication that such information existed. Expungement is governed by statute in Pennsylvania and is tightly regulated.
With the exception of certain cases handled under the Accelerated Rehabilitative Disposition Program, expungement is mandatory where an arrest is not disposed of within 18 months or as otherwise provided by court order. Criminal history record information may be expunged in other cases when an individual reaches 70 years of age and has been free of criminal involvement for 10 years, or if an individual has been deceased for three years. In most cases, therefore, the conditions required to obtain an expungement are difficult to meet.
An exception exists in the area of Accelerated Rehabilitative Dispositions, which are typically available to first time offenders in areas such as driving under the influence, retail theft and similar minor infractions. Successful completion of the ARD Program usually leads to expungement of the criminal record upon later petition of the successful ARD candidate. Expungement is not automatic, however, and is not a matter of right.
Where expungement is unavailable, it may be possible to obtain a pardon from the Governor. While somewhat rare, pardons are typically granted for minor offenses where it can be shown that the offender has been free of criminal contact since the offense and the criminal record so adversely affects the life of the applicant that a pardon is warranted. Pardons are uncommon but are worth pursuing where an otherwise law abiding person continues to have significant adverse consequences (such as job loss) years later.
– Kevin Palmer