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Is It Possible To Expunge DNA Records in Pennsylvania?

Posted by Joseph D. Lento | May 28, 2020 | 0 Comments

When most people talk about the prospect of expungement, they are typically referring to the sealing of court proceedings and arrest records. There are countless reasons to seek this type of expungement, as prospective landlords or employers could hold an arrest against you even if you were never ultimately convicted of a crime.

There are other types of expungement allowed under Pennsylvania law, however. In addition to records relating to your arrest or court proceedings, it is also possible to expunge your DNA records the state might have in their possession.

This type of expungement is uncommon and is only an option in specific instances. That being said, you should never assume that you are not eligible to clear your record and protect your privacy. Contact attorney Joseph D. Lento to learn if you are eligible.

Pennsylvania DNA Expungement Law

The process of expunging a DNA sample in Pennsylvania is governed by 44 Pa.C.S. 2321. The statute limits expunging DNA to two specific circumstances. The first situation where expungement is possible involves a DNA sample that was erroneously submitted to the Pennsylvania State Police. Expungement is possible if, upon your request, the State Police agree your DNA was erroneously submitted to the law enforcement agency and sign off on the expungement.

If the Pennsylvania State Police do not agree that expungement is necessary, you are not out of options. The courts can also order your DNA record expunged under two circumstances. The first is if the State Police disagree that your DNA was submitted erroneously, but the court sides with you. The second circumstance involves cases where a person was required to submit a DNA sample after a criminal conviction. If that conviction is ultimately overturned or reversed, a court could order the expungement of the DNA sample.

Exclusions

Even if you fit one of the criteria listed above, you might not be entitled to expungement. For example, if you are convicted of multiple offenses that require a DNA sample, and only one of them is ultimately reversed, you do not have the right to an expungement. What's more, expungement is not an option even if your DNA sample was submitted to the Pennsylvania State Police in error if the police can show you were convicted of a crime that would otherwise require you to submit a sample. Certain types of offenses that occurred prior to July 27, 1995, are also not covered by this statute.

How Joseph D. Lento Can Help

Navigating the expungement process on your own is difficult. There are few resources available to you, and a minor error could result in the denial of your request. With the help of an attorney experienced in the expungement process, you increase your chances of success significantly.

Attorney Joseph D. Lento is dedicated to helping Pennsylvania residents get a clean slate after an arrest or conviction. To learn more about how he can help protect your privacy, Contact Joseph D. Lento online or at 888-535-3686 today to schedule your initial consultation.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Joseph D. Lento has more than a decade of experience fighting for the futures of his clients in criminal courtrooms in Philadelphia, the Pennsylvania counties, as well as New Jersey. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being.

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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.

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