Expungement of Juvenile Convictions 18 Pa. C.S. § 9123

There are several common misconceptions about Pennsylvania’s Juvenile system. Two of the most troubling are that: (1) A juvenile records does not impact an adults prior record score; and, (2) Juvenile records are sealed or erased at age 18.

In general, a record of delinquency will not lapse for prior record score calculation unless it occurred prior to age 14 or unless the “offender” remains crime free between the ages of 18 and 28 years old. Certain offenses against children or involving sex, violence, or weapons will not lapse.

As explained below, juvenile records do not simply lapse at age 18 and the rules permitting expungement of juvenile records are complex.  When a juvenile record is eligible for expungement, the district attorney must be given 30-days’ notice to respond to the petition.

Juvenile Offenses Ineligible for Expungement

If a juvenile was at least 14 years old and was adjudicated delinquent for committing an offense equivalent to rape, involuntary deviant sexual intercourse, aggravated indecent assault or attempting, soliciting, or conspiring to commit any of those offenses, the record of the delinquency is ineligible for expungement.

Expungement Anytime - Upon the Commonwealth’s Consent          

Unless a juvenile offense is ineligible for expungement, it may be expunged at any time, provided that the attorney for the Commonwealth consents to the expungement and a court orders the expungement after considering the (i) the type of offense; (ii) the individual's age, history of employment, criminal activity and drug or alcohol problems; (iii) adverse consequences that the individual may suffer if the records are not expunged; and, (iv) whether retention of the record is required for purposes of protection of the public safety.

Immediate Expungement of Juvenile Records

A juvenile record is eligible for immediate expungement when: (1) a complaint is filed which is not substantiated; (2) the petition filed as a result of a complaint is dismissed by the court; and/or, (3) A written allegation is filed which was not approved for prosecution.

6 Month Waiting Period Required for Certain Juvenile Expungements

Informal Adjustment. 6 months pass after successful completion of an informal adjustment and no proceeding seeking adjudication or conviction are pending.

Consent Decree. 6 months pass after the final discharge from supervision under a consent decree, diversion program, or adjudication alternative program, and no proceeding seeking adjudication or conviction is pending.

Expungement Eligible Upon Reaching Age 18

Summary Convictions as a Minor. Once the individual is 18 years of age or older and six months have passed since the individual has satisfied all terms and conditions of the sentence imposed following a conviction for a summary offense committed while the individual was under 18 years of age and, since satisfying all terms and conditions of the sentence, the individual has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending to seek such conviction and adjudication.

Underage Alcohol Conviction Committed Prior to Age 18. Once the individual is 18 years of age or older and has been convicted of a violation of section 6308 which occurred while the individual was under 18 years of age and six months have elapsed since the individual has satisfied all terms and conditions of the sentence imposed for the violation, including any suspension of operating privileges imposed under section 6310.4 (relating to restriction of operating privileges). Expungement shall include all criminal history record information and all administrative records of the Department of Transportation relating to the conviction.

5 Year Waiting Period for Certain Juvenile Expungements

Adjudication of Delinquency. Once 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.

Expungement for Dependent Children

All records of children alleged to be or adjudicated dependent may be expunged upon court order after the child is 21 years of age or older.

Call Now to Speak with an Experienced Pennsylvania Expungement Lawyer

Thank you for visiting Lampman Law. Please call us at 570-371-3737 if you would like to discuss expunging a juvenile record. The call is free of charge and without pressure. We hope to hear from you today.