Now flash forward 20 years. You are applying for a job as a security consultant for a well known computer firm. Part of the application process involves a criminal background check. Repressed memories from 20 years ago come flooding back. Will your prior contact with the criminal justice system prevent you from getting the job? Like many issues in the legal profession, it all depends.
Pennsylvania, like other states, maintains centralized records containing criminal history information on individuals arrested or convicted of crimes. These records are maintained to assist law enforcement agencies, courts and corrections officials in performing their duties in the criminal justice system.
What, if anything, can be done to eliminate adverse criminal records from your past? The answer to this question depends upon the nature of the offense and the circumstances under which you were prosecuted. Expungement involves the removal of criminal history information from all known agencies so that there is no indication that such information ever existed. The ability to obtain expungement in Pennsylvania is governed by statute, and not surprisingly, the ability to obtain expungement is closely regulated.
Perhaps the least difficult type of expungement to obtain involves juvenile criminal records. The courts seem relatively well disposed to grant expungement for non-serious offenses committed by juveniles. When a juvenile turns 18 years of age and the attorney for the Commonwealth consents to the expungement, the court may order expungement if it is satisfied that the offense was not overly serious; the individual demonstrates absence of criminal activity, drug or alcohol problems; and no public safety threat would be presented if the juvenile records are destroyed. Juvenile records can also be expunged (a) after five years have elapsed following discharge of the defendant and (b) there has been no subsequent conviction of crime.
In our example above, the chance of having the juvenile criminal records expunged would be good. A more serious offense, especially a crime involving violence, becomes more problematic.
In addition to juvenile records, most criminal cases processed under the state’s Accelerated Rehabilitative Disposition program can result in expungement of criminal records. Such adult cases involve offenses such as driving under the influence, retail theft, disorderly conduct and similar “minor” offenses. All such cases are subject to court approval and require no adverse opposition by the Commonwealth’s attorney.
The only other cases typically allowing expungement involve individuals who reach age 70 and have been free of criminal involvement for ten years and cases involving persons deceased for three years. (Why three years you ask???)
As we observed in a prior issue of the Law Update, even where expungement is not available, it may be possible to obtain a pardon from the Governor. Pardons are typically granted for non-violent minor offenses where the petitioner can demonstrate no criminal history since the date of the offense and also demonstrate that the presence of the criminal record information has a serious adverse effect on the petitioner’s life or ability to make a living. Pardons are not common, but they are granted and may be worth pursuing in the appropriate circumstance.
– Kevin Palmer