Effective 12/21/10 Rules of Criminal Procedure No. 490 and No. 790 are adopted and Rule of Criminal Procedure No. 722 has been rescinded. Non-ARD Expungements will now be controlled by Rules 490 & 790. The rules can be reviewed online. View Chapter 4. View Chapter 7.
Accelerated Rehabilitative Disposition (ARD) and Section 17 (Disposition without Verdict) have not changed with the exception of the order must now be in compliance with new Rule 790(c).
Accelerated Rehabilitative Disposition (ARD) Expungement Information will still be available on the Self Help Website.
Juvenile Expungements must follow contents of Order for Expungement under the Rules of Juvenile Court Procedures (Rules 170 and 172). Any questions regarding a Juvenile Expungement should be directed to the Juvenile Probation Office or seek legal advice. The rules can be reviewed in Chapter 1, Section 170 and Chapter 1, Section 172.
Summary Expungements are filed under new Rule 490. Contents of the Expungement Order must follow Rule 490 (c).
All other expungements that do not fall under ARD, Juvenile, Section 17 or Rule 490 will be governed by Rule 790.
When filing an Expungement that is governed by Rule 490 or 790 the Administrative Office of the Pennsylvania Court (AOPC) encourages the use of the Expungement Petition that is provided on the Pennsylvania Unified Judicial System web portal. The Clerk of Courts Office must accept whatever petition is presented; however, all petitioners are encouraged to use the new petition. Failure to utilize the proper petition, and a form order of expungement that does not contain the requisite information required by the rules noted above may result in a petition which is denied either by the Court of Common Pleas or the Administrative Office of the Pennsylvania Courts. If a petition is denied or rejected, you may be required to pay additional filing fees for resubmitted petitions.
The Rules of Criminal Procedure Nos. 490 and 790 require a Pennsylvania State Police background search be included with the Petition. Failure to submit the background search may result in a denial or rejection of your Petition by the Court of Common Pleas or by the Administrative Office of the Pennsylvania Court. If a petition is denied or rejected, you may be required to pay additional filing fees for resubmitted petitions.
All Expungement Petitions other than Juvenile Expungements require the submission of an Expungement Order that must comply with the requirements of Rule of Criminal Procedure No. 490 (c) or No. 790 (c). Please note if a Juvenile Expungement the Order must be in compliance with Rules of Juvenile Court Procedure Rule No.170 or No. 172. It is the responsibility of the petitioner to make certain that all of the required information is provided on the order. Failure to include all required information on the order will result in a rejection of the order by the Administrative Office of the Pennsylvania Court. If a petition is denied or rejected, you may be required to pay additional filing fees for resubmitted petitions.
The Clerk of Courts Office may only reject petitions if there are insufficient copies (an original plus 14 copies are required) or if the petition is not accompanied by the proper filing fee ($36.75).
The Office of the Clerk of Courts cannot and does not provide legal advice to anyone. Any questions regarding expungements must be directed to an attorney.