Expungement Update

expungement expungement

The Pennsylvania Expungement statute has been changed again. Under the new statute if you have been convicted of any crime under 18 Pa.C.S. § 6308 involving alcohol transportation, purchase, and consumption, you may be able to get an expungement immediately without the 5 year waiting period associated with a summary expungement.

In most townships in Pennsylvania, illegal alcohol cases are disposed of through a Magisterial District Judge assigning some type of task to the defendant. Once the defendant has completed the task, the Judge drops the charges.

Under the old expungment law, you would have to wait five years to have that summary expunged. Now you can have the arrest expungemed immediately if you meet all of the criteria under PA’s new expungement law. See 18 Pa.C.S. § 9122.

6 Comments on Expungement Update

  1. Can you please tell me if this site is authentic or not?

  2. Brian J. Zeiger, Esquire // at 11:32 am // Reply

    recordtapper is for people who have an arrest record or a criminal record in texas. i cannot give any opinion as to texas. sorry.

  3. peter.cullen // at 2:26 pm // Reply

    Hi Brian, in your blog, you state that in most townships in PA the charges are disposed of by the judge assigning some task. Is this something one needs to go to the judge to ask for? Or will he offer this instead of a fine up front. Pete

  4. Brian J. Zeiger, Esquire // at 2:28 pm // Reply

    Peter, the judge assigning a task is generally in relation to the crime itself. In a situation where there is a minor summary offense and the defendant is obviously sorry for whatever occurred, the judge usually offers something. However, that is not always the case. Also, some judges may never offer this, it is really a case by case situation. Email me the locale and and the facts and i will attempt to give a better answer.

  5. Eileen // at 1:17 am // Reply

    Hi Attorney Zeiger,
    Can you tell me if a misdemeanor assault conviction from 19 years ago can be expunged? The prosecution took place in Philadelphia.

  6. Brian J. Zeiger, Esquire // at 1:20 am // Reply

    @eileen, its only expungeable if you are over 70 years old, otherwise, you need to apply for a pardon.

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