do i have to wait to my probation is over so i can take out whatever i have in my record…

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do i have to wait to my probation is over so i can take out whatever i have in my record…

Asked on May 11, 2009 under Criminal Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

Yes.  The court must make sure that you have complied with all of the term of your probation before they will even consider it'  Since you did not give any details about your conviction, I'm not certain that you even qualify for expungement (removal or clearing of a criminal record).

In PA you may be eligible for expungement if:

  • You are at least 70 years old and have not been arrested for 10 years following release from prison or supervision, or
  • You are seeking to expunge juvenile records and sufficient time has passed since discharge.

In addition, a person's records may be expunged if that person has been dead for three years. If a defendant was placed on Accelerated Rehabilitative Disposition (ARD), an alternative sentencing program in Pennsylvania, for an offense involving sexual abuse of a minor, expungement is unavailable.


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