Expungement: A Guide to Expunging Your
Criminal and/or Juvenile Record
Student Legal Services
Penn State University
120 Boucke Building
University Park, PA 16802
(814) 867-4388
PennStateSLS@psu.edu
Find us on the web: studentaffairs.psu.edu/legalservices
What is this Booklet About? .................................................................................. 3
What is Expungement? ........................................................................................ 3
Definition of Terms ............................................................................................... 4
Legal Aid Resources ............................................................................................ 5
In-Person Resources ........................................................................................ 5
Online Resources ............................................................................................. 5
Things to Know if You Represent Yourself ........................................................... 6
Interactions with the Court ................................................................................ 6
Keep Copies of All Documents ......................................................................... 6
Eligibility ............................................................................................................... 6
ARD Expungment (Rule 320):........................................................................... 6
Expungement in Summary Cases (Rule 490): .................................................. 7
Expungement in Court Cases (Rule 790): ........................................................ 7
How to File a Petition for Expungement ............................................................... 7
Locate Your Records ........................................................................................ 7
Where to Find a Blank Petition.......................................................................... 8
Where to File Your Petition ............................................................................... 8
Components of a Complete Petition ................................................................. 8
How to Complete the Forms ............................................................................. 8
Payment .......................................................................................................... 15
Time Frame..................................................................................................... 15
List of Offices and Contact Information ............................................................... 15
Centre County Police Offices/Arresting Agencies ........................................... 15
Centre County Prothonotary and Clerk of Courts............................................ 16
What Is the Office of Student Legal Services? ................................................ 17
How can you use Student Legal Services? ..................................................... 17
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What is this Booklet About?
This booklet is a guide to how you can successfully expunge your criminal and/or
juvenile record. It will educate you as to the legal meaning of expungement and other
terms that you will encounter. This booklet will also provide you with information
regarding legal aid resources and what you need to know if you choose to represent
yourself, such as:
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What forms you will need
Where to find them
How to fill them out
How and where to file them
This guide will provide direct instructions and examples for filing in Centre
County, Pennsylvania. For up-to-date filing information in other counties, you will need
to contact the prothonotary and clerk of record’s office for the county in which the record
you wish to expunge is located.
This guide can only provide you with general information and instructions. It is
not a substitute for consulting with an attorney. If you have specific questions regarding
expungement in your case, we encourage you to contact an attorney.
What is Expungement?
Expungement is a civil law process through which some prior criminal offenses
can be removed from your record. After your criminal offenses are expunged, they will
not appear on background checks. However, law enforcement officials and courts will
still be able to access the expunged information in order to determine your eligibility for
alternative punishment programs and future offenses.
The legal authorization for expungement in Pennsylvania is found at 18 Pa.
C.S.A. §9122. The Pennsylvania Rules of Criminal Procedure provide instruction and
petition forms for expungement in different scenarios. The relevant Pennsylvania Rules
of Civil Procedure governing expungement are as follows:
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Rule 320 governs expungement upon successful completion of an
Alternative Rehabilitative Disposition (ARD) program.
Rule 490 explains the procedure for obtaining expungement in summary
cases
Rule 790 outlines the procedure for obtaining expungement in court
cases.
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Currently there is no form for expungement of juvenile records. If you have
questions about expunging a juvenile adjudication, please contact an attorney.
Definition of Terms
The following are some definitions for terms used throughout this guide:
Accelerated Rehabilitative Disposition (ARD): ARD is a pre-trial
intervention program that is offered in Pennsylvania. ARD is a rehabilitative program
and it is not a conviction of any crime. ARD is available to certain first-time offenders
facing disposition of a non-violent offense. The District Attorney’s Office establishes the
eligibility criteria for ARD programs and must approve each individual defendant’s
application for ARD.
Clerk of Courts: The clerk of courts’ office keeps all criminal records for the
Court of Common Pleas. All documents that you will need to file must be filed through
the Clerk of Courts’ office for the county in which the record you wish to expunge is
located. To locate the phone number for the clerk of courts in the county in which you
need to file for expungement, type in “clerk of courts of (insert the name of the county)
county, Pennsylvania). Contact information for the Centre County Clerk of Courts is:
Address:
Centre County Courthouse
Bellefonte, PA 16823-1488
Phone:
(814) 355-6796
Hours:
8:30 a.m. – 5:00 p.m. Monday - Friday
Court Case: The term ‘court case’ refers to misdemeanors and other cases
that are heard before the Court of Common Pleas of Pennsylvania.
Disposition: The disposition of a case is the court’s final determination of a
lawsuit or criminal charge.
Offense Tracking Number (OTN): The Offense Tracking Number is a
unique number assigned by the court to a particular arrest at the time of the
arraignment.
Primary Case: The term ‘primary case’ is used in this booklet and on the
expungement petition forms to refer to the court case that you now seek to expunge.
Pro Se: The Latin term, pro se, means that a person is representing himself and
does not have a lawyer.
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Prothonotary: The prothonotary’s office keeps all the civil records for the
Court of Common Pleas. In some counties, including Centre County, the prothonotary
and clerk of courts share office space and employees, so it is at this location that you
would file your expungement petition.
Record of an Offense or Criminal Record: A record of an offense or
criminal record is the physical record of crimes of which an individual has been charged
or convicted. When employers run a background check, they search your criminal
record for any offenses. The expungement process can help you by effectively deleting
eligible charges or offenses from your record. You will need information from your
criminal record in order to complete your petition for expungement correctly. If you do
not have an accurate or complete personal record of your criminal history, you can
access your criminal record through the Pennsylvania State Police’s website or through
the Administrative Office of Pennsylvania Courts’ website.
Summary Case/Offense: A summary case or summary offense is a minor
crime that may be tried by a judge without a jury. In Centre County, Pennsylvania,
summary cases are heard before Magisterial District Judges. Issues like underage
drinking, obstruction of the highway, traffic tickets and contempt of court are summary
offenses.
Legal Aid Resources
In-Person Resources
Penn State’s Student Legal Services can provide the following free legal
services to eligible students:
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Determine whether or when a charge or conviction is eligible for
expungement;
Fill-out and file expungement forms; and
If necessary, provide representation in expungement proceedings.
Online Resources
Penn State’s Student Legal Services: studentaffairs.psu.edu/legalservices/
Centre County Clerk of Courts: centrecountypa.gov/index.aspx?NID=384
Administrative Office of Pennsylvania Courts (for obtaining blank expungement
forms): www.pacourts.us/Forms/for-the-public
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Pennsylvania Judiciary’s Web Application Portal (for access to public docket
sheets): ujsportal.pacourts.us/
The Pennsylvania State Police Website (for access to criminal records and to run
a background check when required for expungement packet).
Things to Know if You Represent Yourself
Interactions with the Court
You have a legal right to represent yourself, but be aware that the court will not
give you any special treatment or help. There are some situations in which a person
seeking expungement will have to appear in court. If you do, you will be expected to
know and abide by court rules and procedures.
A helpful tip for the courtroom is to dress professionally, as if you were going to
an interview for a job. Appearance can matter in court. You want to convey to the judge
that you are a responsible person and deserve to have your record expunged.
Keep Copies of All Documents
You should make and keep copies of all complete forms and documents related
to your primary case and your petition for expungement. This includes proof of payment,
such as money orders and checks. Maintain your final expungement order with your
other important papers.
Eligibility
Each type of expungement has different eligibility requirements. Some eligibility
requirements are written on the instructions for the individual expungement petition that
you file. The attorneys at Penn State Student Legal Services can help you determine
whether your record is eligible for expungement.
ARD Expungement (Rule 320):
To be eligible for ARD expungement, you must have:
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Satisfactorily completed the ARD program for the charge that you wish to
expunge; and
Paid all costs, in full.
In certain circumstances, some ARD records cannot be expunged. If you have
any questions about whether your ARD records can be expunged, consult an attorney.
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If you want to verify that you have paid all the costs, you may contact the clerk of
courts’ office, or you may check the public docket sheet.
Expungement in Summary Cases (Rule 490):
You are eligible to request expungement in summary cases if:
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You have been convicted of or pled guilty to a summary offense AND you
have not been arrested or prosecuted for any crime, including summary
offenses, in any county in the five years since being convicted of the
offense that you wish to expunge. In Centre County, this type of
expungement requires a special form which you can obtain from the Clerk
of Courts or Student Legal Services; OR
You have completed an alternative disposition program for the offense you
wish to expunge; OR
The citation was otherwise dismissed; OR
You are at least 21 years of age and your case was a conviction for
violation of 18 Pa. C.S.A. §6308 (minor’s law or underage drinking); AND
you have satisfied all terms and conditions of the sentence imposed for
the violation, including any suspension of driving privileges.
Expungement in Court Cases (Rule 790):
You are eligible to request expungement in court cases if:
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There is no record of a disposition by the court within 18 months after the
date of your arrest and it is verified that no disposition is available and no
action is pending; OR
A court orders the expungement OR
You are at least 70 years of age; AND you have not been arrested or
prosecuted for 10 years following your final release from confinement or
supervision; OR
You are petitioning for expungement for someone else, who has been
dead for 3 years.
How to File a Petition for Expungement
Locate Your Records
To fill out the expungement petition properly, you will need to know information
such as:
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The date of your arrest
The crime with which you were charged
Which police department filed the charge
The name of the arresting officer
For these reasons, you should locate all of the records that you personally kept
relating to your case. If an attorney represented you, the attorney may have accurate
records of this information. You can obtain a copy of your complete criminal record in
Pennsylvania through the Pennsylvania State Police website for a $10.00 fee. Docket
sheets are available on the Pennsylvania Unified Judicial System website at no cost.
Where to Find a Blank Petition
You can get blank forms of expungement petitions through the Administrative
Office of Pennsylvania Courts or the Centre County Clerk of Courts.
Where to File Your Petition
Your petition for expungement should be filed in the clerk of courts’ office in the
county where your charges or conviction was filed. Each county may have different
costs and procedures for expungement. This booklet covers the process in Centre
County. If you are filing for expungement in another county, check with the clerk of
courts to ensure you follow the correct procedure.
Components of a Complete Petition
A complete expungement request will include:
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A completed petition form
The $75.00 filing fee (cash, cashier’s check or money order)
A copy of the docket sheet relating to the charge
Your Pennsylvania State Police Criminal History (Note that petitions
missing this report are being denied)
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A certificate of service verifying that you provided a copy of the petition to
the District Attorney
How to Complete the Forms
ARD Expungement (Rule 320)
The ARD expungement form is located on the Centre County website in PDF
form. On the form provided by Centre County (current as of March 17, 2014) complete
as follows:
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Page 1 just provides instructions, there is nothing to complete.
Page 2 is the order that the court will fill out. You only need to fill in the top part,
the caption.
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Write your full legal name as it appears on the documents of your primary
case on the line directly under “Commonwealth of Pennsylvania VS”
Write your criminal case number of your primary case in the blank spaces
provided at the top right hand side of the page
Page 3 has more sections for you to fill out.
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The caption at the top of the page should match the one on the prior page.
Write in your name and your case number
After “Defendant’s Address,” write your permanent street address
After “Aliases,” write any names, other than your legal name, which you
use
Fill in your date of birth and social security number where requested
After “Eligible Charge(s),” write those charges that were part of your ARD
program, those charges which are eligible for expungement and which you
wish to expunge
After “MDJ docket No.” fill in the docket number of your primary case. This
is the same number as the “Lower Court Docket Number” listed on your
docket sheet
The “MDJ Court Number” might not be readily available on your docket
sheet. If you can’t find it, you can look up the number on the Centre
County website. The court numbers are listed as three part numbers
separated by dashes. Judge Prestia’s court number, for example, is 49-101
The name and address of the Court of Common Pleas Judge who entered
ARD placement should appear on your docket sheet. This is the judge
who accepted you into the ARD program
Enter the date of arrest or when the complaint or citation was filed. This
information can be found on your docket sheet
Next enter the OTN (Offense Tracking Number) or citation number that
corresponds with your primary case
Enter the name and address of the arresting agency. The names and
addresses of Centre County Police departments are provided in the
reference materials near the end of this booklet
After “Fines, Costs, Restitution Paid?” answer “Yes.” Be sure to confirm
that you have paid all of your fines, costs and restitution before submitting
your petition for expungement
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Leave the rest of this page blank
Page 4 is the Application for Dismissal of Charges Upon Successful Completion
of A.R.D.
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Complete the caption the same as you did on the prior pages
After the “AND NOW” insert the current date
In the next blank space, after “…of the eligible criminal charges,” write the
charges that you know are eligible for expungement and that you wish to
expunge
In the space above “DEFENDANT,” write your full legal name
In the spaces above and below “ADDRESS,” write your street address
Leave the rest of this page blank
Page 5 is the Affidavit of Expungement
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After “Name,” write your full legal name as it appears on the other
documents you have completed
After “Docket No,” write the docket number of your primary case. It is the
same letter-number combination as appears at the top right of the other
documents you have completed
Leave the rest of this page blank
Page 6 is the Petition to Expunge Record
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Complete the caption at the top identical to the other documents
After “AND NOW, the above named defendant,” write your legal name as
it appears on your primary case documents
In line 1 list the name of the officer, the date upon which he charged you
and all of the criminal charges that you were charged with at that time
In line 3 list the date you were accepted into the ARD program and the
charges for which you were accepted into the program.
In line 4 list the date you complete the ARD program
In line 5 write the name of the police department that was involved in your
arrest
Leave lines 2, 6 and 7 as they are written, do not add any information to
those sentences
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After the phrase “Respectfully Submitted,” sign your name, then list your
address on the following lines
Leave the rest of this page blank
Be sure to include all of the components of a complete petition listed in this
booklet when filing your petition.
Summary Offense (Rule 490)
The application form for expungement for a summary offense is available on the
Centre County website or the Unified Judicial System of Pennsylvania website. These
instructions will follow the forms found on the Centre County website. The Rule 490
form is used for expungement of underage offenses and other summary offenses. If the
summary offense is being expunged after 5 years free from criminal conviction, Centre
County uses a slightly different order which is available on the Centre County website
under Pa.R.Crim.Pro. §9122(b)(3)(ii), but the instructions remain the same as for other
summary offense expungements.
Page 1 just provides instructions, there is nothing to complete.
Page 2 is the Petition for Expungement.
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In the top right hand corner there is a long blank line under a small “v,” fill
in your full legal name as it appears on the documents related to the
offense you are seeking to expunge
Under that line, there is a space for a docket number. Leave this space
blank as that number has not yet been assigned
In the box, after “Full Name,” print your name as it appears on the primary
case documents
After “DOB,” enter your date of birth
Enter your Social Security number in the next box
For address, enter your permanent address. The expungement process
may take many months so make sure to use an address where you will be
sure to receive the completed paperwork
In the box marked “Alias(es),” list any names other than your legal name
by which you are known
Under “Case Information,” the first set of boxes requires that you include
the name, address and court number of the Magisterial District Judge
where your case was filed. This information can be found on your docket
sheet. The court number is in bold across the top, or can be found on the
Centre County website
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The form then asks for the Magisterial District Docket number. This is a
long letter-number combination that can be found near the top of your
docket sheet
The next line of three blocks asks for arrest information: the arresting
agency (this means the police department), the date of arrest and the date
of the citation or complaint. You can find this information on your citation
or on your docket sheet
The next two boxes ask for the name and address of the “Affiant”. This
information should be available on your docket sheet or citation. If not
specific affiant is listed, then the affiant is the police officer who arrested
you
You are then asked to list the specific charges, as they appear on the
charging document, that you are asking to have expunged. Look under the
section marked “Charges” on your docket sheet to help you locate this
information. On the docket sheet, “Counts” is listed under the symbol “#”.
Section and Subsection are found under the heading “Charge”. Statute
Description is found under the heading “Description”. The grade is “S”.
The disposition is listed under “Disposition”
The next line is a box asking whether your fine, costs or restitution has
been paid. Check “yes”. Verify with the District Justice’s office or by
checking you docket online that the costs, in fact, have been fully paid
before filing your expungement petition
In the box marked “List the reasons…” you can explain why you are
asking for an expungement. You can locate the valid reasons to list here
in the section in this booklet about eligibility
Check the first of the final two boxes on the form “I have attached…” and
make sure you actually attach your criminal history and that it actually was
obtained within 60 days before filing the petition. If it is not attached, you
petition will be denied. You can access your criminal history online through
the Pennsylvania State Police website
Leave the final box “I have not attached…” blank
Sign and date where indicated at the bottom of the form
Page 3 is a Certificate of Service. This document verifies that you have
delivered a time-stamped copy of the petition to the District Attorney.
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Fill in your legal name at the top left
Leave the docket number blank
Sign and date at the bottom in the appropriate blanks
You must send a time stamped copy of the petition to the District Attorney
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Page 4 is the blank order for the court to complete to ask the relevant agencies
to expunge your record. This information should be a repeat of much of the information
from the petition you just completed.
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In the left hand column, fill in your name, address, email address, aliases,
date of birth, social security numer, eligible charges, disposition and
reason for expungement.
In the right hand column leave the “Common Pleas Docket No.” blank. Fill
in the information for the rest of the blanks in this column from the
information on your petition. The final question in this column is whether
the fines, costs, restitution are paid, to which the answer should be “yes”
Leave the rest of the document blank
Page 5 is an Affidavit of Expungement. This is a blank order for the court to
complete when the expungement is finished. You only fill in your name at the top. Leave
the rest of the form blank.
Be sure to include all of the components of a complete petition listed in this
booklet when filing your petition.
Expungement in Court Cases (Rule 790)
This form is for misdemeanor and felony offenses. It is used for summary
offenses only if included with other offenses.
Page 1 just provides instructions, there is nothing to complete.
Page 2 is the blank order for the court to complete to ask the relevant agencies
to expunge your record. This page is easiest to complete after you fill in the petition
(Page 4). Then this information will be a repeat of much of the information from the
petition.
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In the left hand column, fill in your name, address, email address, aliases,
date of birth, social security numer, eligible charges, disposition and
reason for expungement.
In the right hand column leave the “Common Pleas Docket No.” blank. Fill
in the information for the rest of the blanks in this column from the
information on your petition. The final question in this column is whether
the fines, costs, restitution are paid, to which the answer should be “yes”
Leave the rest of the document blank
Page 3 is an Affidavit of Expungement. This is a blank order for the court to
complete when the expungement is finished. You only fill in your name at the top. Leave
the rest of the form blank
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Page 4 is the Petition for Expungement.
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In the top right hand corner there is a long blank line under a small “v,” fill
in your full legal name as it appears on the documents related to the
offense you are seeking to expunge
Under that line, there is a space for a docket number. Leave this space
blank as that number has not yet been assigned
In the box, after “Full Name,” print your name as it appears on the primary
case documents
After “DOB,” enter your date of birth
Enter your Social Security number in the next box
For address, enter your permanent address. The expungement process
may take many months so make sure to use an address where you will be
sure to receive the completed paperwork
In the box marked “Alias(es),” list any names other than your legal name
by which you are known
Under “Case Information,” the first set of boxes requires that you include
the name, address and court number of the Magisterial District Judge
where your case was filed. This information can be found on your docket
sheet. The court number is in bold across the top, or can be found on the
Centre County website
The form then asks for the Magisterial District Docket number. This is a
long letter-number combination that can be found near the top of your
docket sheet
The next line of three blocks asks for arrest information: the arresting
agency (this means the police department), the date of arrest and the date
of the citation or complaint. You can find this information on your citation
or on your docket sheet
The next two boxes ask for the name and address of the “Affiant”. This
information should be available on your docket sheet or citation. If not
specific affiant is listed, then the affiant is the police officer who arrested
you
You are then asked to list the specific charges, as they appear on the
charging document, that you are asking to have expunged. Look under the
section marked “Charges” on your docket sheet to help you locate this
information. On the docket sheet, “Counts” is listed under the symbol “#”.
Section and Subsection are found under the heading “Charge”. Statute
Description is found under the heading “Description”. The grade is “S”.
The disposition is listed under “Disposition”
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The next line is a box asking whether your fine, costs or restitution has
been paid. Check “yes”. Verify with the District Justice’s office or by
checking you docket online that the costs, in fact, have been fully paid
before filing your expungement petition
In the box marked “List the reasons…” you can explain why you are
asking for an expungement. You can locate the valid reasons to list here
in the section in this booklet about eligibility
Check the first of the final two boxes on the form “I have attached…” and
make sure you actually attach your criminal history and that it actually was
obtained within 60 days before filing the petition. If it is not attached, you
petition will be denied. You can access your criminal history online through
the Pennsylvania State Police website
Leave the final box “I have not attached…” blank
Sign and date where indicated at the bottom of the form
Page 5 is a Certificate of Service. This document verifies that you have
delivered a time-stamped copy of the petition to the District Attorney.
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Fill in your legal name at the top left
Leave the docket number blank
Sign and date at the bottom in the appropriate blanks
You must send a time stamped copy of the petition to the District Attorney
Payment
There is a $75.00 filing fee for filing your petition. Payment must be made by
cash or money order. Personal checks will not be accepted. The filing fee and payment
terms may be different in other counties than Centre County, Pennsylvania.
Time Frame
The expungement process generally takes 4-8 months to complete and can take
up to 1 year. If your petition is approved, a copy of a Court Order that instructs various
agencies to expunge your record will be mailed to you at the address that you listed on
your petition. When the process is complete, you will receive a copy of the Affidavit from
the court certifying that it is complete.
List of Offices and Contact Information
Centre County Police Offices/Arresting Agencies
Bellefonte Borough Police Department
15
236 W. Lamb Street
Bellefonte, PA 16823
Ferguson Township Police Department
3147 Research Drive
State College, PA 16801
Patton Township Police Department
100 Patton Plaza
State College, PA 16803
Pennsylvania Department of State Police—
Philipsburg Barracks
3104 Port Matilda Highway
Philipsburg, PA 16866
Pennsylvania Department of State Police—Rockview
Barracks
745 S Eagle Valley Road
Bellefonte, PA 16823
Spring Township Police Department
1309 Blanchard Street
Bellefonte, PA 16823
State College Borough Police Department
243 South Allen Street
State College, PA 16801
Centre County Prothonotary and Clerk of Courts
Centre County Courthouse
Bellefonte, PA 16823-1488
(814) 355-6796
8:30 am – 5:00 pm
Monday – Friday
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Provided By:
Student Legal Services
Penn State University
120 Boucke Building
University Park, PA 16802
(814) 867-4388
PennStateSLS@psu.edu
Find us on the web: studentaffairs.psu.edu/legalservices
What Is the Office of Student Legal Services?
The Office of Student Legal Services is a student-activity fee funded law office
which provides free legal assistance to Penn State students at University Park. We offer
advice, counsel, representation and/or referral services in many legal matters affecting
students. We are staffed by licensed attorneys, support staff and law student assistants.
How can you use Student Legal Services?
If you need assistance with a legal issue, please visit our website to complete an
intake form. Once completed, you will be contacted via telephone to set up an intake
appointment.
This pamphlet does not constitute legal advice nor does it establish an attorney-client relationship
between any group or individual and the office of Student Legal Services. To obtain legal advice, students
should consult with a licensed attorney.
This publication is available in alternative media on request. Penn State is
committed to affirmative action, equal opportunity, and the diversity of its
workforce. U.Ed. STA 14-53
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