Misdemeanor Cleaner?

December 24, 2008 6:37 PM

Is there a process to have a misdemeanor expunged from someone's record in Pennsylvania?

Some details about the guilty party. The offense happened two weeks after her 18th birthday. It's been 4 years; she's paid her fines, made full restitution and completed her community service and probation. She has stayed completely out of trouble and is now raising her son and daughter. She's also taking classes and working part-time. If it matters, she feels genuine remorse for the crime.

She's generally a good kid who made a very serious mistake for which she's paid a very high price. Is there any chance to get this expunged in PA? If so, what is the process?

I'd be willing to give her the money for lawyer's fees. However, I don't want to get her hopes up if there isn't a likelihood of success.

posted by 26.2 to law & government (3 comments total)

Check out this PDF for some basic guidance.
posted by rdn at 8:26 PM on December 24, 2008

As you'll see from rdn's link, it's impossible for this person to have her misdemeanor conviction expunged.

Looks like her only recourse is to apply for a pardon. I have no idea of her chances, but it can't hurt to try.

Keep in mind that a pardon won't erase anything from the person's record (neither does an expungement); it just removes any legal disability the person may be under and maybe allay an overly worrisome employer's fears.

Out of curiosity, why does she want this misdemeanor to be wiped from her record? I ask because, according to one of the documents on the Board of Pardons' website:

"The applicant should identify a specific need for clemency, e.g., a particular job that applicant cannot get, or some particular activity that he/she cannot participate in without clemency, as opposed to the more general answers of 'employment purposes' or 'to put this behind me' that applicants frequently use. Except in extraordinary circumstances, the Board does not view a pardon as an appropriate means of restoring any disability that has been imposed pursuant to a state law, e.g., suspension of driver’s license, revocation of professional or business licensure, etc."
posted by saslett at 12:18 AM on December 25, 2008

Thanks rdn and saslett.

She wants it expunged because she was denied 2 jobs based on this. It was specific, both places told her she was ineligible for consideration due to having a criminal record. She's looking for work in retirement and rehabilitation hospitals with a longterm goal of studying to provide art therapy.

The pardon seems like a very long shot, but we can try it. Does anyone have any history with this?
posted by 26.2 at 6:25 AM on December 25, 2008