Expungement Lawyer in Reading, PA

Former Berks County Prosecutor Now Helping Clients Clear Their Records

A criminal record doesn’t have to follow you permanently. Pennsylvania law gives many residents a legal path to clear or seal eligible records, and the Clean Slate Act’s expansions have opened that path to more people than before. At Emkey Law Firm, our lead attorney Daniel P. Emkey spent years inside the Berks County District Attorney’s Office before switching sides. That background means we understand exactly how the DA’s office evaluates and responds to expungement petitions filed with the Berks County Court of Common Pleas.

Clients work directly with their attorney from start to finish. Cases are not handed to paralegals or assistants. We offer complimentary, confidential consultations to evaluate your eligibility, and our staff is available 24/7. Daniel P. Emkey holds an Avvo 10.0 “Top Lawyer” rating and is a member of the American Institute of Criminal Law Attorneys.

Find out whether your record qualifies. Call (610) 200-6103 or reach out online to schedule your free expungement evaluation with our Reading, Pennsylvania team.

What Is Expungement Under Pennsylvania Law?

Expungement in Pennsylvania means criminal justice agencies are directed to destroy records related to the relevant incident. Once that order is carried out, no record of the incident remains accessible to those agencies. This is a more complete form of relief than record sealing, which makes a record unavailable to the public and most employers but retains it for law enforcement and state licensing purposes.

After a successful expungement, you can generally answer “no” when asked about a criminal conviction on most job, housing, and licensing applications. Background checks run by federal criminal justice agencies operate under separate rules, but those checks are rarely encountered in ordinary circumstances. Pennsylvania law draws a clear distinction between expungement and sealing, and the relief available depends on the offense type, conviction status, and time elapsed since the case closed.

Who Qualifies for Expungement in Reading & Berks County?

Eligibility depends on the specific charges, how the case resolved, and how much time has passed. The categories below reflect current Pennsylvania law, including updates under Clean Slate 3.0, which took effect February 12, 2024. This is general guidance; your specific situation may differ, and a consultation can give you a clear picture of your options.

Common eligibility categories include:

• Non-conviction outcomes: Charges that were dismissed, withdrawn, or resulted in a not guilty verdict qualify for expungement with no waiting period.
• ARD completion: First-time DUI offenders who successfully complete the Accelerated Rehabilitative Disposition (ARD) program may petition for expungement of that record.
• Summary offenses: Convictions for summary offenses are eligible after 5 years free of arrest or prosecution. Under Clean Slate 3.0, summary convictions are also automatically sealed after 5 years.
• Underage drinking: An underage drinking conviction can be expunged once the individual turns 21.
• Juvenile charges: Records from cases where you were charged as a juvenile are generally eligible for expungement.
• Age-based eligibility: Individuals age 70 or older who have been free of arrest or prosecution for 10 years following their final release from confinement or supervision may qualify for expungement of certain records.
• Misdemeanor sealing under Clean Slate 3.0: Misdemeanor convictions (M1, M2, M3) may be automatically sealed after 7 years conviction-free, reduced from the prior 10-year waiting period.

Step-by-Step Guide to the Expungement Process in Pennsylvania

For most Berks County residents, petitions are filed with the Berks County Court of Common Pleas. We handle petition preparation, filing, and follow-up with all relevant agencies. Here is what the process looks like from start to finish.

1. Obtain your criminal history record. Request a certified copy through the Pennsylvania State Police PATCH system to confirm exactly what appears on your record and identify which cases may qualify.
2. Confirm eligibility. Review offense types, conviction status, and time elapsed against current Pennsylvania law, including whether Clean Slate 3.0’s automatic sealing provisions already apply or whether petition-based expungement may achieve faster or more complete relief.
3. File a petition with the appropriate court. For Berks County residents, that is typically the Berks County Court of Common Pleas in Reading.
4. Submit required forms, documentation, and fees. The petition is served on the district attorney’s office, which then has an opportunity to review and respond.
5. Attend any scheduled hearing. The district attorney may object, particularly when victims are involved or public safety concerns exist. Having an attorney present arguments at that hearing matters, and our experience inside the DA’s office informs how we prepare for those objections.
6. The judge issues a ruling. The court reviews the petition, any objections, and the applicable legal standard before deciding.
7. Agencies carry out the order. If granted, the court order directs all relevant agencies to destroy or seal your records. The physical destruction process can take several months after the order issues.

Technical errors in petitions, including incorrect case numbers or improper service, can result in denial. Attorney preparation can reduce that risk significantly.

Can a Felony Be Expunged in Pennsylvania?

Felony convictions generally can’t be expunged by court order alone. Two paths exist for felony relief, and they work differently.

The first is a governor’s pardon, an act of executive clemency that forgives the conviction and restores rights lost as a result. The Board of Pardons reviews applications and makes a recommendation to the governor, who has final say. There is no set timeline, and the process typically takes several years. Best practice is to wait at least five years after completing all sentence terms, including parole and probation, before applying. As of June 11, 2024, a granted pardon results in automatic expungement under 18 Pa.C.S. § 9122(a.1), without requiring a separate court petition.

The second path, created by Clean Slate 3.0 (Act 36 of 2023, effective February 12, 2024), allows sealing of certain low-level drug felony convictions where the sentence carried a minimum of less than 30 months and a maximum of less than 60 months after 10 years conviction-free. Certain non-violent, property-related third-degree felonies may also be sealed through a petition-based process after 10 years. Sealing differs from expungement: a sealed felony record is hidden from public background checks but remains accessible to law enforcement and state licensing agencies. For eligible individuals, sealing can be a meaningful option without going through the pardon process.

The court-based expungement path for felonies without a pardon remains limited to individuals age 70 or older who meet additional conditions.

Offenses That Cannot Be Expunged or Sealed in Pennsylvania

Certain convictions can’t be cleared through expungement or sealing regardless of how much time has passed. Knowing these limits before pursuing relief avoids wasted effort.

Under Pennsylvania law, the following offenses are not eligible:

• Possession of a firearm or other dangerous weapon in a court facility
• Simple assault graded as a misdemeanor of the second degree
• Bestiality, impersonating a public servant, threatening a witness or victim, retaliation against a witness, victim, or party, and cruelty to animals
• Any violation of the Uniform Firearms Act
• Offenses requiring registration under Megan’s Law
• Any misdemeanor offense punishable by more than two years in prison

Additional disqualifiers apply to automatic sealing under Clean Slate: individuals with four or more convictions punishable by one or more years of imprisonment are not eligible, and unpaid court-ordered restitution also blocks automatic sealing.

What Happens When You Clear Your Criminal Record?

A criminal record can affect employment, housing applications, professional licensing, credit, and travel for years after a sentence is complete. Clearing an eligible record can reduce those ongoing consequences. Whether you qualify for petition-based expungement, automatic sealing under Clean Slate, or a combination of both depends on the specifics of your record. Our Reading criminal defense attorneys can review your history and identify potential paths available under current Pennsylvania law.

Improve your future prospects by clearing your criminal record. Reach out to Emkey Law Firm for a free expungement evaluation today.