Category Archives: Expungement

Please Help! Criminal Record Expungement

Q: Seven years-ago I took a plea deal. I was 20 years old and made a horrible mistake. This was the one and only time I ever got in trouble. When I took the deal, no one explained to me I would be in ineligible for expungement. Not my lawyer, not the DA, not the judge. I never would have never taken the deal if I had known this. What are my option? Can I do anything? All advice is greatly appreciated. Thank you in advance. (Carrick, PA)

A: I suggest confirming what crime you pleaded guilty to, so you are certain it is a felony. You can do this by ordering your criminal history from the PA State Police. Under the present state of the law, a felony cannot be expunged. You are well out of your appeal range. You must appeal within thirty days of your sentencing. Or, under the Post-Conviction Relief Act, you have one-year to file. You may want to consult with a criminal appeals attorney, but my thought is that it is too late to challenge the appeal. I know of no law that requires anyone to inform you at the time of your plea that you will be ineligible to expunge. The fact that you are entering a guilty plea to a crime should put you on notice of a conviction, although, I understand what you are saying. I always inform my clients that their conviction will result in a record which they may not be eligible to expunge.