Can a First-Time Drug Offense in Pennsylvania Be Expunged from My Record?
Were you arrested and charged with a drug offense in Harrisburg or elsewhere in Pennsylvania? If you pleaded guilty or you were convicted, you may be wondering about your options to get the records expunged. This raises an important question: Can you get a first-time drug offense sealed in Pennsylvania? The answer is “it depends”—though many first-time drug charges can be expunged in the Commonwealth. Here, our Harrisburg drug crimes defense lawyer highlights key things to know about your right to get a first-time offense expunged in Pennsylvania.
What is Expungement?
Broadly explained, expungement is a process through which a criminal record is sealed or erased from state or federal records. In other words, the first-time conviction record is effectively removed from public view. It can allow better access to employment, housing, and other benefits.
A Comprehensive Overview of Pennsylvania’s Clean Hands Law (Drug Offenses)
Pennsylvania has reformed a few different criminal laws over the last decade. Notably, the Commonwealth has expanded its “Clean Hands Laws” in a manner that makes it easier for more first-time drug offenders to qualify for expungement. Here is an overview of the key things to know about first-time drug offenses and expungement options in Pennsylvania:
- Misdemeanor: In Pennsylvania, people convicted of eligible misdemeanor drug offenses can often have their records sealed. You typically need to wait at least seven years to apply to get a misdemeanor first-time drug conviction expunged.
- Felony: Felony drug offenses are generally more challenging to seal, but Pennsylvania law still offers some options. Certain first-time felony drug convictions become eligible for expungement after ten years if all criteria are satisfied.
Even if you are a first-time drug offender, there is no guarantee that you will be able to get your conviction records expunged. It is imperative that you work with a top Harrisburg, PA defense lawyer. An attorney can work to help you explore every option to keep a conviction off your records such as the Pennsylvania Accelerated Rehabilitative Disposition (ARD) program. Further, if you are convicted, an attorney can help you navigate the expungement process.
Understanding Expungement Petitions in Pennsylvania
You cannot rely on police, prosecutors, or the state to automatically seal your criminal records—even if you meet the requirements to qualify for an expungement. An expungement petition in Pennsylvania is a legal process that allows people to request the removal of records from public access. To initiate the process, the individual must file a petition in the court where the original case was heard, demonstrating eligibility under state law. If the court grants the expungement, the records are sealed or destroyed. A lawyer can help you with a petition.
Contact Our Harrisburg Drug Charges Defense Attorney Today
At The Hoover Firm, LLC, our Harrisburg criminal defense lawyer has the skills and experience to protect your rights and your interests. If you have any questions about the expungement of a first-time drug offense, please do not hesitate to contact us today. With a law office in Harrisburg, we are well-positioned to serve communities throughout Central Pennsylvania.