Overview Description

Records relating to a complaint that is not substantiated or where the petition is dismissed by the court may be expunged after 30 days' notice to the district attorney, so long as the person is not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(1).

Ineligible Category or Citation

The person is ineligible for expungement if the person was adjudicated for an offense when the person was 14 years old or older at the time of the offense which, if committed by an adult, would be classified as: (a) an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault; or (b) an attempt, solicitation, or conspiracy to commitment an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault. 18 Pa. Cons. Stat. § 9123(a.1)(1).

Procedure General

A petition must be filed with the court. For the specific procedure, see 18 Pa. Cons. Stat. § 9123.

Fees

There is no statutory language regarding fees.

Effect

Expunge means to remove information so that there is no trace or indication that such information existed; to eliminate all identifiers which can be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or the maintenance of certain information collected after an individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. 18 Pa. Cons. Stat. § 9102.

Waiting Periods

The petition can be filed at any time after the matter is dismissed.

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