As a criminal defense attorney in Philadelphia, I help clients who need to get offenses expunged from their criminal records. Before final year, the Pennsylvania legislature voted on and passed Senate Bill 391 (SB 391), which expanded the types of misdemeanor offenses which would be eligible for expungement. The new law allows the expanded categories of misdemeanors to exist expunged post-obit the passage of a mandatory interval following the engagement of the original confidence and a requirement that there are no new violations. The legislature intended that individuals bedevilled of low-level offenses would no longer be haunted by their criminal pasts when applying for employment and housing, thus benefiting the state's economy and the likelihood of backsliding.

Changes in Pennsylvania's New Expungement Statute

The enhanced law replaced Pennsylvania'south prior expungement statute which was only available to a very small number of those convicted of minor misdemeanors, denying relief to old offenders no affair how much time had passed since the original conviction. For example, under the prior law, an expungement would be granted in cases where the convict is lxx years or older, with no additional convictions for the 5 years prior, or if the captive has been deceased for at least 3 years.

Offenses Eligible for Expungement Under Pennsylvania'southward New Police force

Nether the new law, those persons with 2nd and 3rd-caste misdemeanors, which exercise not involve violence, are able to seek the expungement so long as they take not had whatsoever other convictions inside the past 10 years if the original confidence was for a second-degree misdemeanor and the offender wast under 25, or 7 years in the example of a 3rd-degree misdemeanor. A sure type of very minor criminal offense, referred to equally a summary law-breaking, may be expunged after the passing of 5 or more years. For those in Accelerated Rehabilitative Disposition programs, involving cases such every bit DUI'due south, though non including sex-related crimes against minors, the trigger of the expungement may be automatic upon successful completion of the program.

The expanded listing of offenses that are now eligible to be expunged includes substance-related offenses such every bit DUI'due south and controlled substance and drug paraphernalia possession, as well as 2nd-degree misdemeanors such as larceny, identity theft, and reckless endangerment. Assault and bombardment offenses which accept been graded equally common-combat 3rd-degree misdemeanors are an exception to the tearing criminal offence ineligibility rule.

Ineligible Misdemeanor Offenses

Ineligible convictions include firearm and weapons offenses, sexual acts and cruelty to animals, intimidation and/or retaliation against witnesses, those offenses which crave Megan'south Police force registration, and any criminal offence which carries an incarceration sentence of 2 or more years or has multiple prior convictions with at least a ane-year judgement.

What the Expungement Ways for Some Convicts

The specific relief offered by the new statute is similar to tape sealing. The expungement does not event in the devastation of the criminal records, rather the expunged records are only available to sure government agencies such as local and federal law enforcement as well as criminal prosecutors and judges in the event of hereafter offenses. The expungement allows the convict to re-enter society without the stigma and prejudice which follow those with criminal records.

Relief Provided is Still Limited

The new police is not a magic bullet. The new statute is intended to benefit those who have committed minor offenses in their past and have truly been rehabilitated, having committed no new offenses and do not nowadays a threat or danger to order. A approximate may deny the expungement motion after reviewing all of the facts of the case. The prosecutor is also allowed to provide an statement to the courtroom and to be heard if they disagree that the expungement should be granted. The modified statute should not be viewed as something which gives dangerous criminals clean slates, which they will deviously use to perpetrate new crimes on the population that is no longer able to view their criminal records.

Final Thoughts

Pennsylvania'due south new misdemeanor expungement law, though with harsh limitations when compared to like statutes in other states, is a step in the right direction for reducing the economical burdens placed upon the land by ex-convicts with very old and relatively small-scale offenses.