Q: I have a question about expungement in PA. I was reading a new bill that is going to be voted on in PA that will allow most misdemeanors and felonies to get expunged after five years. My question is what happens if you commit a crime and then commit another crime within the five year window. You then stay clean for 5 years can you have both offenses expunged. Also if you have committed more than one crime at the same time can you have crimes that can’t be expunged along with ones that can. Can you have the crimes that can be expunged removed leaving the ones that cannot for the same offense?

A: The bill that went before the state senate in 2011, proposed allowing misdemeanor 2 and 3 crimes as well as summary offenses, be expunged after 7 years of crime free behavior for the misdemeanors and felonies and 5 years for summaries. The only portion of the bill that passed was the provision applying to summary offenses. Currently expungement of summary convictions after five years of arrest free behavior is the current extent of expungement law. Recently, a bill made it through the PA Senate that will permit the expungement of misdemeanor 2’s. This Senate bill must be confirmed by the house then signed by the Governor. This has not happened yet. There is a lot of misinformation being published about this bill. I would wait until the bill becomes law then consult with an attorney.