Expungements

Definition of “Expunge” 

The Criminal History Record Information Act, which applies to alleged and adjudicated delinquent juvenile’s whose fingerprints and photographs are taken, and to any juvenile justice agency which collects, maintains, disseminates or receives juvenile history record information, defines “expunge”, as follows:  

  1. To remove information so there is no trace or indication that such information existed;  

  2. To eliminate all identifiers which may be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or  

  3. Maintenance of certain information required or authorized under the provisions of §9122 (c) (relating to expungement), when an individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. 

Automatic Expungement Qualifications: 

The below scenario’s detail situations where the juvenile record is automatically expunged.  

  1. The juvenile petition is dismissed or withdrawn
    1. If this applies to you, this process is initiated and completed by the Juvenile Probation Program Specialist when notification is received that this situation applies.   
  2. Juvenile is found not to be in need of treatment, supervision, and rehabilitation
    1. If you have admitted or been founded on charges, but the Judge does not find you in the need of treatment, supervision, and rehabilitation, then the petition and is automatically dismissed and the case is expunged.   

Do I qualify for expungement of my juvenile records? 

YES 

  • You could potentially qualify for the expungement of your juvenile court records if the following applies: 

  1. 18 years of age or older and six months have elapsed since the final discharge of the person from supervision under a consent decree no proceeding is pending seeking such conviction or adjudication. 

  1. 18 years of age or older and five years have elapsed since the final discharge of the person from commitment, placement, probation or any other disposition and referral and since such final discharge, the person has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending seeking such conviction or adjudication.  

  1. 18 years of age or older, the attorney for the Commonwealth consents to the expungement and a court orders the expungement after giving consideration to the following factors:   

    1. Type of offense 

    2. The individual’s age, history of employment, criminal activity and drug or alcohol problems 

    3. Adverse consequences that the individual may suffer if the records are not expunged 

    4. Whether retention of the record is required for purposes of protection of the public safety 

NO 

  • If you were 14 years of age or older at the time of the offense and were charged, substantiated, and adjudicated delinquent on any of the below listed offenses, you are not eligible for expungement.  

 

  1. Any offense under crimes code section 3121 (Relating to Rape) 

  1. Any offense under crimes code section 3123 (Relating to Involuntary Deviate Sexual Intercourse) 

  1. Any offense under crimes code section 3125 (Relating to Aggravated Indecent Assault) 

  1. Any attempt, solicitation, or conspiracy to commit an offense under 3121, 3123, 3125 

In any of the above circumstances, Dauphin County Probation Services – Juvenile Division reserves the right to agree or disagree with the recommendation for expungement regardless of meeting the above listed qualifications for expungement.  

If you would like to discuss this matter further, please contact Dauphin County Probation Services – Juvenile Division at (717) 780-7100 and ask to speak to the Program and Development Specialist.