On January 15, 2015, Pennsylvania Senate bill SB 166 was introduced, which would allow persons with certain misdemeanor convictions to expunge their records. This is an updated version of a similar bill that was proposed in 2013, but never voted upon. Currently, the law allows for expungement of convictions only in the following limited circumstances:
As indicated above, expungements of convictions are very limited. Misdemeanors will always be part of your criminal history record and are accessible by employers, family members, schools and even the public. It does not matter how much time has passed, or whether you have been successfully rehabilitated. If you were convicted of any misdemeanor, you cannot currently seek an expungement unless you are old or dead. SB 166 seeks to change this unfairness of the current law.
Under SB 166, persons with ungraded misdemeanor, third degree misdemeanor and/or second degree misdemeanor convictions will be allowed to expungement their record once a certain amount of time has passed. For ungraded and third degree misdemeanors, a person must wait 7 years. For second degree misdemeanors that occurred when a person was under the age of 25, he or she must wait 10 years. The bill would not allow expungement of any of the following misdemeanors:
At this point, the status of the bill is unclear. However, there is much to be addressed. Unfortunately, the bill does not include first degree misdemeanor convictions, even for first time offenders. In addition, the bill distinguishes between those under 25 years old and those over 25 years old who have second degree misdemeanors. This type of distinction is fundamentally unfair to people who otherwise become successful members of society many years down the line. Hopefully, the current hiatus status of the bill means there will be changes to the final version.
By Michael Skinner |
15 Nov, 2020