Expungement of Juvenile Records now follows Pennsylvania law (Pa. C.S.§9123). The way I read it, the time frame regarding expungement of a teen who had a Consent Decree and the time frame for a teen who was on Probation are very different: six months for the first one and five years for the second. Of course, this is the time that must elapse following the case closing date.
Reading further into 9123 clarifies that someone may file for expungement of any 18 year-old after taking into consideration the following factors, which then means that one need not wait five-years for the expungement of some one's record if they are 18 or older. By far and away, most people filing for Expungement would be 18 year-olds:
1. Type of Offense.
2. Age, History of Employment, Criminal Activity and any drug-alcohol problems.
3. Adverse consequences that someone might experience if their record was not expunged.
4. Protection of public safety.
Therefore, if a teen is 18 or older then he need not wait five years and can file a petition for expungement based upon the four above-listed categories.
Here is the important part for Allegheny County residents: Anyone who is 18 years of age and was either formally On Probation (Adjudicated Delinquent) or in placement will need to employ an attorney to file for expungement. Anyone who had a Withdrawal of charges, Dismissal, or a Consent Decree (this includes Consent Decree Placements) will not need an attorney. Instead, the Consent Decree and lower cases will soon be able to contact an Expungement Clerk, go down to the Family Court House, fill out some forms after which the rest of the expungement process will be taken care of for you.
As mentioned above, the Expungement Clerk will not handle Probation cases where there has been a Court Adjudication or a Finding of Delinquency, but only Consent Decree and lower. The Expungement Clerk tells me that the new system is close to but not quite ready for business yet; therefore, we will hold off putting a contact person's name and phone number on the blog. Check back soon because that information will be added to this post once we know the new system is green-lighted.
It can be expensive to file for expungement via an Attorney. It is one of the consequences that a Probationer has to deal with and it may be another invaluable lesson for the Probationer. Still, if one is completely unable to hire an attorney, we will try to find another way for the former Probationer, but we can not guarantee anything at the present time. If the former Probationer is working, he should probably save up for an attorney.
I am going to post the law here for every one's convenience and links to appropriate sources.
§ 9123. Juvenile records.
(a) Expungement of juvenile records.--Notwithstanding the
provisions of section 9105 (relating to other criminal justice
information) and except upon cause shown, expungement of records
of juvenile delinquency cases wherever kept or retained shall
occur after 30 days' notice to the district attorney, whenever
the court upon its motion or upon the motion of a child or the
parents or guardian finds:
(1) a complaint is filed which is not substantiated or
the petition which is filed as a result of a complaint is
dismissed by the court;
(2) six months have elapsed since the final discharge of
the person from supervision under a consent decree and no
proceeding seeking adjudication or conviction is pending;
(3) five years have elapsed since the final discharge of
the person from commitment, placement, probation or any other
disposition and referral and since such final discharge, the
person has not been convicted of a felony, misdemeanor or
adjudicated delinquent and no proceeding is pending seeking
such conviction or adjudication; or
(4) the individual is 18 years of age or older, the
attorney for the Commonwealth consents to the expungement and
a court orders the expungement after giving consideration to
the following factors:
(i) the type of offense;
(ii) the individual's age, history of employment,
criminal activity and drug or alcohol problems;
(iii) adverse consequences that the individual may
suffer if the records are not expunged; and
(iv) whether retention of the record is required for
purposes of protection of the public safety.
(b) Notice to prosecuting attorney.--The court shall give
notice of the applications for the expungement of juvenile
records to the prosecuting attorney.
(c) Dependent children.--All records of children alleged to
be or adjudicated dependent may be expunged upon court order
after the child is 21 years of age or older.
(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 11, 1982,
P.L.476, No.138, eff. 180 days; Dec. 11, 1986, P.L.1517, No.164,
eff. 60 days; Mar. 15, 1995, 1st Sp.Sess., P.L.978, No.7, eff.
60 days)
Reading further into 9123 clarifies that someone may file for expungement of any 18 year-old after taking into consideration the following factors, which then means that one need not wait five-years for the expungement of some one's record if they are 18 or older. By far and away, most people filing for Expungement would be 18 year-olds:
1. Type of Offense.
2. Age, History of Employment, Criminal Activity and any drug-alcohol problems.
3. Adverse consequences that someone might experience if their record was not expunged.
4. Protection of public safety.
Therefore, if a teen is 18 or older then he need not wait five years and can file a petition for expungement based upon the four above-listed categories.
Here is the important part for Allegheny County residents: Anyone who is 18 years of age and was either formally On Probation (Adjudicated Delinquent) or in placement will need to employ an attorney to file for expungement. Anyone who had a Withdrawal of charges, Dismissal, or a Consent Decree (this includes Consent Decree Placements) will not need an attorney. Instead, the Consent Decree and lower cases will soon be able to contact an Expungement Clerk, go down to the Family Court House, fill out some forms after which the rest of the expungement process will be taken care of for you.
As mentioned above, the Expungement Clerk will not handle Probation cases where there has been a Court Adjudication or a Finding of Delinquency, but only Consent Decree and lower. The Expungement Clerk tells me that the new system is close to but not quite ready for business yet; therefore, we will hold off putting a contact person's name and phone number on the blog. Check back soon because that information will be added to this post once we know the new system is green-lighted.
It can be expensive to file for expungement via an Attorney. It is one of the consequences that a Probationer has to deal with and it may be another invaluable lesson for the Probationer. Still, if one is completely unable to hire an attorney, we will try to find another way for the former Probationer, but we can not guarantee anything at the present time. If the former Probationer is working, he should probably save up for an attorney.
I am going to post the law here for every one's convenience and links to appropriate sources.
§ 9123. Juvenile records.
(a) Expungement of juvenile records.--Notwithstanding the
provisions of section 9105 (relating to other criminal justice
information) and except upon cause shown, expungement of records
of juvenile delinquency cases wherever kept or retained shall
occur after 30 days' notice to the district attorney, whenever
the court upon its motion or upon the motion of a child or the
parents or guardian finds:
(1) a complaint is filed which is not substantiated or
the petition which is filed as a result of a complaint is
dismissed by the court;
(2) six months have elapsed since the final discharge of
the person from supervision under a consent decree and no
proceeding seeking adjudication or conviction is pending;
(3) five years have elapsed since the final discharge of
the person from commitment, placement, probation or any other
disposition and referral and since such final discharge, the
person has not been convicted of a felony, misdemeanor or
adjudicated delinquent and no proceeding is pending seeking
such conviction or adjudication; or
(4) the individual is 18 years of age or older, the
attorney for the Commonwealth consents to the expungement and
a court orders the expungement after giving consideration to
the following factors:
(i) the type of offense;
(ii) the individual's age, history of employment,
criminal activity and drug or alcohol problems;
(iii) adverse consequences that the individual may
suffer if the records are not expunged; and
(iv) whether retention of the record is required for
purposes of protection of the public safety.
(b) Notice to prosecuting attorney.--The court shall give
notice of the applications for the expungement of juvenile
records to the prosecuting attorney.
(c) Dependent children.--All records of children alleged to
be or adjudicated dependent may be expunged upon court order
after the child is 21 years of age or older.
(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 11, 1982,
P.L.476, No.138, eff. 180 days; Dec. 11, 1986, P.L.1517, No.164,
eff. 60 days; Mar. 15, 1995, 1st Sp.Sess., P.L.978, No.7, eff.
60 days)
1 comment:
There is a document preparation service set up and supervised by an attorney which can prepare the full range of expungement petitions for parents and juveniles. It also can file, serve and acquire court dates for the petitions, and coach parents and juveniles regarding to expect and say in a hearing, if one becomes necessary. It does not, at this time, provide attorneys. All of this is done at a small fraction of the cost of a lawyer in a law firm.
The firm can be reached through email at without.lawyers@gmail.com.
Hopefully, this will be an alternative for your parents (and their children).
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