Expungement is a legal process by which your juvenile record is erased and no one can see it. Your juvenile delinquency record is not confidential or sealed. Your record does not automatically go away when you turn 18. Federal and state laws prohibit employment of ex-offenders with criminal convictions in certain jobs. Fortunately there are many cases where your juvenile records can be expunged.
What kind of records CAN be expunged?
Records of juvenile delinquency cases and records from the magistrate involving summary offenses committed while you were under 18 years old can be expunged, upon the court’s motion or motion of a child, the parent or guardian, after 30 days notice to the district attorney, and if one of the following apply:
a petition or complaint is filed which is withdrawn or dismissed by the court; or
six months have elapsed since the expiration of a consent decree or diversion program and no further action is pending (talk to your probation officer about expunging your consent decree); or
five years have elapsed since the final discharge from commitment or probation and no other adjudications or proceedings are pending; or
you are 18 years of age or older and it has been six months since you satisfied/completed all terms and conditions of your sentence from a summary offense conviction before a magistrate (except a violation of Section 6308) and you have not been convicted of a felony, misdemeanor or adjudicated delinquent and there are no proceedings pending; or
you are 18 years of age or older and six months have elapsed since you have satisfied/completed all terms and conditions of your sentence from a conviction for a violation of Section 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages), including any suspension of operating privileges; or
five years have elapsed since your probation case closed and since then you have not been convicted of a felony, misdemeanor or adjudicated delinquent and there are no proceedings pending; or
the attorney for the Commonwealth agrees and a court orders expungement after consideration of the following:
a. type of offense
b. your age, employment history, criminal activity and drug and alcohol issues
c. adverse consequences to you if your records are not expunged
d. whether retention of records is required for public safety
What Kinds of Records CANNOT Be Expunged?
If you were 14 years of age or older at the time one of the follow offenses was committed:
- Rape
- Involuntary deviate sexual intercourse
- Aggravated indecent assault
- An attempt, solicitation or conspiracy to commit one of the above
Why Should You Expunge Your Record?
Your delinquency record may prevent you from receiving the following benefits as you transition to adulthood:
Employment
Public Benefits
Student Loans
Child Welfare System
Juvenile delinquency records may be considered when setting bail or during sentencing in an adult criminal case
Who Do You Contact to Begin the Expungement Process?
If you are a current or former KidsVoice client, contact KidsVoice at 412-391-3100. KidsVoice may be able to assist you with the expungement of your juvenile record.
If you have never been involved with KidsVoice:
- Contact Neighborhood Legal Services Association
(NLSA) at 412-255-6700. They may be able to assist you
with the expungement process for the purpose of employment.
- Contact the Allegheny County Bar Association (ACBA) Lawyer
Referral Service at 412-261-2555. They may be able to refer you
to a private attorney who handles expungement cases.