Asked in Criminal Law for Pennsylvania

Q: Can i get a misdemeanor possession of paraphernalia expunged? I plead guilty to having a glass pipe on me in 2018.

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1 Lawyer Answer
Cary B. Hall
Cary B. Hall
Answered
  • Criminal Law Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: It depends upon the county practice in which you pleaded guilty, and exactly how that plea was couched.

If you were accepted into your county's ARD program (short for Accelerated Rehabilitation Disposition), then satisfactory completion of that program ends with an expungement of the underlying charge(s) either automatically or upon your filing of a petition with the court (depending on the particular county). There's also a special kind of probation known as a "Section 17" in some counties which leads to the same result.

Unless you participated in one of these special proceedings, though, you won't be able to expunge your record until you turn 70 years old and you've also been arrest-free for 10 years. You will, however, be eligible to *seal* your record 10 years after your conviction so long as you haven't had any misdemeanor or felony convictions since the paraphernalia charge and you've paid off all your court fees/fines -- and that happens automatically.

Best of luck to you.

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