Can an expungement be denied in Pennsylvania? VIDEO

An expungement can be denied in Pennsylvania, an expungement can be denied for various reasons. When a person is eligible for an expungement and there's very nuanced considerations in terms of when a person would be eligible. To put it simply, a misdemeanor or a felony offense, a person would only be eligible if a person is 70 years of age and other conditions are met or if the person is deceased and other conditions are met. With respect to a summary offense, a person would become eligible if five years have passed and a person has remained arrest and prosecution free.

If a person is eligible, the district attorney's office and potentially others, but most importantly, the district attorney's office would always have the right to object to the expungement. As to whether or not they object, it would depend on the case involved in other aspects of the matter. An experienced criminal defense attorney in Pennsylvania would be able to let you know the likelihood of a district attorney's office in terms of the likelihood of them objecting to the request for relief or consenting to the request of relief.

Ultimately, an expungement can be denied. It could be because there's some kind of procedural defect or error in the pleadings or the process potentially, or because the district attorney's office objects and say the judge were to make the final determination and were to deny the expungement. Although with the help of an experienced Pennsylvania criminal defense attorney, they can make certain that the expungement process goes as smoothly as possible and they should be involved from as early as possible in the process to help you get your record cleared up.

Contact Us Today!

footer-2.jpg

Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website.  In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County.  In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County,  In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties.  Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law.  The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship.  The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu