Wyoming County is located in the northeastern region of Pennsylvania. The county has over 27,000 residents within its borders. Serving these residents in all their legal needs is the Wyoming County Court of Common Pleas. The court holds authority for resolving any legal disputes, as well was maintaining any records of criminal convictions or arrests that arise within the county. A person that seeks to expunge or seal these records must file an appropriate motion with this court to do so.
Expungement in Wyoming county
When a person seeks to expunge a prior arrest or criminal record within Wyoming County, they must first be certain that the requirements for expungement have been met under Pennsylvania law. The state only allows for expungements under certain circumstances. These circumstances include:
- A person has been offered an Accelerated Rehabilitative Disposition program in lieu of a conviction and has completed the program
- A person was convicted on a summary offense, has completed their sentencing, and at least 5 years have passed without further criminal incidents
- A person is over the age of 70 and has not faced criminal charges for at least 10 years
Sealing Records in Wyoming County
When a person has more serious records in Wyoming County, one option available to them is to seal their records. This option makes use of the state's "limited access" laws and will prevent access to a person's records during a background check. A person with 2nd degree, 3rd degree, and ungraded misdemeanors may have their records sealed once they have allowed at least 10 years to pass without additional criminal offenses
Juvenile Records in Wyoming county
When a person is arrested or faces criminal charges prior to their legal adulthood, these records will be classified as juvenile records. A juvenile record is just as permanent as an adult record, in spite of whatever popular urban mythology would have a person believe. Fortunately, Pennsylvania's expungement requirements on juvenile records are much less strict, and instead allow for a person to expunge their record under the following situations:
- They have been placed under court supervision, the period of supervision has concluded, and the person has not faced further criminal charges for at least 6 months
- They have been arrested on juvenile charges, but the charges have been dropped, and they are not currently facing any additional criminal charges
- They have come of age, and have petitioned the court for an expungement, and the court has been convinced to grant the expungement outright
- They have been convicted on juvenile charges, have completed their sentence, and have not faced additional criminal matters for at least 5 years
If a person wishes to enter into professional licensure or higher education, they may find their prior records to be a severe hindrance. These records can hold a person back if they are not expunged or sealed. Unfortunately, when a person attempts to conduct a record sealing motion or an expungement motion on their own, the court may not provide adequate direction for them to do so. Any errors in the filing can lead to a person having to start over or suffer a delay. When filing these motions, a person may find it helpful to consult with an attorney before doing so.
If you or a loved one is seeking an expungement in Wyoming county, contact attorney Joseph D. Lento today.