To get the records expunged, the offender files a Petition for Expungement with the Juvenile Court in the county in which the offense was committed. A hearing is then scheduled before a judge to determine it the request for expungement should be granted. The court will order the records expunged if one of these requirements is met:

• Six (6) months have passed since the successful completion of a consent decree (a pretrial program where the case will be dropped if the offender successfully completes terms and conditions as set by a judge or juvenile master).
• Five (5) years have elapsed since the offender was released from the jurisdiction of Juvenile Court and no other charges have been filed against him.
• The initial charges were either not found to be true, or dismissed at trial.

In addition, the petition may be granted under circumstances where less than five years have elapsed. The court can order records to be expunged when the offender is over 18 and the district attorney consents to the expungement. Before ordering the expungement, the judge must weigh factors such as the gravity of the offense, the age of the offender, any further criminal history, adult and juvenile, the adverse consequences to the juvenile if expungement is not granted and the public’s interest in having the records maintained.

18 Pa.C.S.A. § 9123

(a) Expungement of juvenile records.–Notwithstanding the provisions of section 9105 (relating to other criminal justice information) and except upon cause shown, expungement of records of juvenile delinquency cases wherever kept or retained shall occur after 30 days’ notice to the district attorney, whenever the court upon its motion or upon the motion of a child or the parents or guardian finds:

(1) a complaint is filed which is not substantiated or the petition which is filed as a result of a complaint is dismissed by the court;

(2) six months have elapsed since the final discharge of the person from supervision under a consent decree and no proceeding seeking adjudication or conviction is pending;

(3) 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; or

(4) the individual is 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:

(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.

(b) Notice to prosecuting attorney.–The court shall give notice of the applications for the expungement of juvenile records to the prosecuting attorney.

(c) 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.

Pa.R.J.C.P. No. 170

A. Motion. Juvenile records may be expunged upon motion.

B. Contents of Motion. A motion, which shall take the form of a proposed court order, shall contain the following information:

(1) The name of the juvenile;

(2) the date of birth of the juvenile, if known;

(3) the juvenile’s case docket number, if any;

(4) the allegations to which the order pertains;

(5) the law enforcement agency that initiated the allegations;

(6) the reference number of the police report or written allegation to be expunged or destroyed;

(7) the date of arrest;

(8) the disposition of the written allegation or petition;

(9) the reasons and statutory authority for expunging or destroying the document; and

(10) the agencies upon which certified copies of the court order shall be served.

C. Service of Motion. In addition to the service required by Rule 345, the movant shall serve the motion on the chief juvenile probation officer.

D. Answer. The attorney for the Commonwealth, and any other person upon whom the motion was served, may file an answer to the motion.

E. Hearing. Unless the attorney for the Commonwealth consents to expunging the records, the court shall schedule and conduct a hearing, and thereafter grant or deny the motion.

Comment: See 18 Pa.C.S. § 9123 for records that may be expunged and 42 Pa.C.S. § 6341(a) for destruction of fingerprints and photographs.

Under paragraph (B)(6), any number assigned to police papers helpful in tracking the police report or written allegation that would assist the law enforcement agency in expunging or destroying the document is to be listed. A reference number could be an offense tracking number, district control number, crime control number, incident number, Philadelphia identification number, or another number assigned by the law enforcement agency to track the document.

• Tell employers that you have not been convicted of a crime
• Become eligible for student loans
• Become eligible for housing assistance
• Become eligible for more types of professional licenses and certificates
• Tell friends and family that you have not been convicted of a crime
• To stop fearing or being embarrassed when someone does a background check on you.