If you have pending criminal charges in Pennsylvania and you're trying to get an existing record expunged, you may or may not be eligible to do so. If, for example, you had a prior ARD case that you're seeking to have expunged, the pending criminal charges should not impact your eligibility. If however, you are trying to get a summary offense expunged under Pennsylvania Statute 490, where you have to remain arrest and prosecution free for five years, the pending criminal charges would likely impact that five-year requirement and you would not be eligible to seek an expungement of a summary offense.
If you're trying to get a misdemeanor or a felony expunged in Pennsylvania, you have to be either 70 years of age and have remained out of trouble for a period of time or deceased and other conditions have to be met. Pending criminal charges in that limited instance where a person say 70 years of age would also impact your eligibility. Having an experienced Pennsylvania criminal defense attorney will be able to help you best understand your eligibility and whether it would be effective to pursue an expungement with pending criminal charges.
