Overview Description

Records relating to a conviction of a violation relating to the purchase, consumption, possession, or transportation of liquor, malt, or brewed beverages 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)(2.2).

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). The person is ineligible for expungement under this section if the offense took place when the person was 18 years old or older. 18 Pa. Cons. Stat. § 9123(a)(2.2).

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

Expungement will include all criminal history record information and all administrative records of the Department of Transportation relating to the conviction. 18 Pa. Cons. Stat. § 9123(a)(2.2).

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 individual has satisfied all terms and conditions of the sentence imposed for the violation, including any suspension of operating privileges imposed under section 6310.4. 18 Pa. Cons. Stat. § 9123(a)(2.2).

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