You can have your juvenile criminal record in Pennsylvania expunged upon turning 18, but the process is not automatic. You have to make a motion to the court, and the court will only grant it if you satisfy specific requirements.
Pennsylvania state law is set up to give juvenile offenders a fresh start when they become adults. But to get it, you must demonstrate that your life is on the right path. A lawyer can help with this process and assist with getting a juvenile record expunged. For a free consultation with McKenzie Law Firm, P.C., call 610-680-7842.
Filing a Motion to Get a Juvenile Record Expunged in Pennsylvania
Expungement of a juvenile criminal record in Pennsylvania does not automatically occur upon turning 18. You must first initiate the process by filing a motion with the chief juvenile probation officer.
Your motion must include the following information:
- Your name and date of birth
- Your case docket number
- The allegations or charges
- The name of the law enforcement agency that made the allegations or issued the charges
- The police report reference number
- The date of arrest
- The disposition of the charge
- The reasons and statutory authority for expunging the record
Our attorneys know how the juvenile court system works in Pennsylvania and can help you get a motion filed to begin the expungement process.
The Requirements for Having Your Juvenile Record Expunged in Pennsylvania
Before Pennsylvania will expunge your juvenile record, at least one of the following needs to be true:
- The complaint or allegation against you was not substantiated or was dismissed by the court
- The final disposition on the charge or allegation was entered more than six months ago, and there are no further proceedings pertaining to the case
- At least five years have elapsed since you finished serving confinement or probation for the crime; you have been convicted of no further felonies, misdemeanors, or adjudicated delinquent; and there are no further proceedings against you
- You have attained the age of 18
If you are filing a motion for expungement based solely on having turned 18, the court will consider the following factors when deciding whether to grant it:
- The type of offense
- Your age, employment history, criminal record, and any known issues with drugs or alcohol
- The consequences you may suffer (e.g., lack of employment, lack of educational opportunities) if your juvenile record does not get expunged
- Whether expunging your record could threaten the public safety
To schedule a free consultation with McKenzie Law Firm to discuss having your juvenile record expunged, call 610-680-7842 today.
Juvenile Criminal Records vs. Adult Criminal Records
Pennsylvania allows juveniles to be tried and convicted as adults in certain situations. If you get convicted of a crime in adult court, even if you are under 18 when the disposition is entered, you will have an adult criminal record.
Pennsylvania does not expunge the records of juveniles convicted of adult crimes, no matter their age at conviction. It is imperative to do everything you can to keep your case in juvenile court, which will make it easier to expunge your record later if you are convicted.
Discretionary and Presumptive Waivers to Move the Case to Adult Court
The prosecutor can ask for a discretionary waiver to move a case from juvenile to adult court if the accused is at least 14 years old and the alleged crime is a felony.
If the accused is 14 and the alleged felony crime involved a deadly weapon, or is 15 and the alleged crime involved certain categories of attempted murder or rape, the prosecution can file a presumptive waiver to move the case to adult court. When a presumptive waiver gets filed, the onus is on the child and their lawyer to make a case for why the case should remain in juvenile court.
For the charge of murder, the case gets tried in adult court no matter the age of the accused.
Your Free Consultation With McKenzie Law Firm, P.C.
If your child is facing criminal charges, or if you have recently turned 18 and want your juvenile record expunged, a lawyer from McKenzie Law Firm, P.C., can help. We know the rights of a juvenile in Pennsylvania, and we will fight for the rights of the accused. Our lead attorney, David McKenzie, is a former prosecutor, so he understands the tactics used by the other side.
To speak with a member of our team, call 610-680-7842 today for a free, no-obligation consultation.
