Overview Description

Records relating to a conviction for a summary offense can be expunged, so long as the person is 18 years of age or older and not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(2.1).

Ineligible Category or Citation

The person is ineligible for expungement under this section if the person: (a) was over 18 years of age at the time the summary offense was committed; (b) has a proceeding seeking adjudication or conviction pending; (c) was adjudicated for an offense committed when the person was 14 years old or older that, if committed by an adult, would be classified as an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault; (d) was adjudicated for an offense committed when the person was 14 years old or older that, if committed by an adult, would be classified as an attempt, solicitation, or conspiracy to commitment an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault; (e) was convicted of an offense related to the purchase, consumption, possession, or transportation of liquor or malt or brewed beverages; or (f) was subsequently convicted of a felony, misdemeanor, or adjudicated delinquent. 18 Pa.C.S.A. § 9123.

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 if the person is 18 years of age or older and six months have elapsed since the person satisfied all terms and conditions of the sentence imposed following a conviction for a summary offense.

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