Procedure for Expungement in Summary Cases

We have previously discussed eligibility for an expungement in summary cases, the guilty plea procedure for a summary trial in Bucks County, a person's appeal rights after a summary trial in Pennsylvania, and when a person should get a juvenile crimes lawyer if there is a summary offense for a juvenile.  

But, if you have a summary conviction on your record, how do you go about getting it expunged?  Well, your friendly Bucks County Criminal Defense Lawyers are here to help.  The procedure is encompassed in Rule 490 of the Pennsylvania code.  Your petition for expungement must include a host of items, which is included in Rule 490:

 (A)  Petition for Expungement

   (1)  Except as provided in Rule 320, an individual who satisfies the requirements of 18 Pa.C.S. §  9122 for expungement of a summary case may request expungement by filing a petition with the clerk of the courts of the judicial district in which the charges were disposed.

   (2)  The petition shall set forth:

     (a)   the petitioner’s name and any aliases that the petitioner has used, address, date of birth, and social security number;

     (b)   the name and address of the issuing authority who accepted the guilty plea or heard the case;

     (c)   the name and mailing address of the affiant as shown on the complaint or citation, if available;

     (d)   the magisterial district court number;

     (e)   the docket number;

     (f)   the date on the citation or complaint, or the date of arrest, and, if available, the criminal justice agency that made the arrest;

     (g)   the specific charges, as they appear on the charging document, to be expunged;

     (h)   the disposition and, if the sentence includes a fine, costs, or restitution, whether the amount due has been paid;

     (i)   the reason(s) for expungement; and

     (j)   a verification by the petitioner that facts set forth in the petition are true and correct to the best of the petitioner’s personal knowledge or information and belief. The verification may be by a sworn affidavit or by an unsworn written statement that the facts are verified subject to the penalties for unsworn falsification to authorities under the Crimes Code §  4904, 18 Pa.C.S. §  4904.

You must then wait 30 days after serving the petition to see if the Commonwealth (via the Bucks County DA's office) files a consent or objection to the petition.  The Commonwealth can also take no action.  

If the Commonwealth objects, a hearing is set before a Bucks County Judge.  Your Bucks County criminal lawyer should argue in front of the judge for reasons why the expungement should be granted.  If the judge grants the expungement, an Order for Expungement is signed by the judge and the Clerk of Courts of Bucks County will serve a certified copy of the Order to the criminal justice agencies identified in the Order.