How Long Does an Arrest Stay on Your Record in Pennsylvania?
How Long Does an Arrest Stay on Your Record in Pennsylvania?
Being arrested can have lasting consequences, even if you are never convicted of a crime. Many people in Pennsylvania are surprised to learn that an arrest can remain visible on their criminal record for years, potentially affecting employment opportunities, housing applications, professional licenses, and other aspects of daily life. Understanding how arrest records work and what options may be available to clear them is important for protecting your future.
At Aegis Law, LLC, we provide legal assistance to the Philadelphia public and help individuals understand their rights regarding criminal records, expungements, and record-clearing options.
What Is an Arrest Record?
An arrest record is a record created by law enforcement when a person is taken into custody based on suspicion of criminal activity. The record may include:
- Personal identifying information
- Date and location of the arrest
- Criminal charges filed
- Booking information
- Court case details
- Final case disposition
Even if charges are later dismissed or reduced, the arrest itself may still appear in background checks unless legal action is taken to remove it.
How Long Does an Arrest Stay on Your Record?
In Pennsylvania, an arrest record generally remains on your criminal record indefinitely unless it is sealed or expunged through a legal process. Unlike some states that automatically remove certain records after a period of time, Pennsylvania does not automatically erase most arrest records.
As a result, an arrest from many years ago may still appear during a criminal background check if no action has been taken to clear the record.
Does a Dismissed Case Stay on Your Record?
Yes. Even if criminal charges were dismissed, withdrawn, or you were found not guilty, the arrest may still appear on your record.
While a favorable outcome in court means there was no conviction, employers, landlords, and others conducting background checks may still see the arrest information unless it has been expunged.
This can create challenges despite the fact that the case did not result in criminal liability.
What Is Expungement?
Expungement is a legal process that removes eligible criminal records from public access. Once an expungement is granted, the arrest and related court records are generally destroyed or removed from public databases.
Pennsylvania law allows expungement in several situations, including:
- Charges were dismissed
- The individual was found not guilty
- The arrest did not lead to charges
- The person completed an Accelerated Rehabilitative Disposition (ARD) program
- Certain summary offenses after a waiting period
- Individuals who are age 70 or older and meet statutory requirements
Eligibility depends on the specific facts of each case.
What Is Record Sealing Through Clean Slate Laws?
Pennsylvania's Clean Slate Act provides another option for some individuals. Rather than removing records entirely, certain qualifying records may be sealed from public view.
When a record is sealed:
- Most employers cannot access it
- Landlords may have limited access
- The general public cannot view it
- Government agencies and law enforcement may still have access
Not all offenses qualify for sealing, and eligibility requirements vary depending on the type of offense and the amount of time that has passed.
How Can an Arrest Record Affect Your Life?
Even when a case does not result in a conviction, an arrest record may create obstacles in several areas.
Employment Opportunities
Many employers conduct criminal background checks during the hiring process. An arrest record may raise concerns even if charges were dismissed.
Housing Applications
Landlords often review criminal histories when evaluating rental applications. An arrest record may affect approval decisions.
Professional Licensing
Certain professions require licensing boards to review criminal history information before granting credentials.
Educational Opportunities
Some colleges, universities, and scholarship programs may consider criminal history information during admissions or application reviews.
Can You Remove an Arrest Record Yourself?
While individuals can file some expungement petitions on their own, the process often involves court filings, legal documentation, deadlines, and eligibility requirements that can be difficult to navigate.
Errors in paperwork or misunderstandings about eligibility can delay or jeopardize a petition. Working with an attorney can help ensure that all requirements are properly addressed.
When Should You Speak With an Attorney?
If you have an arrest record that continues to affect your life, it may be beneficial to consult with an attorney about your options. A lawyer can review your criminal history, determine whether expungement or sealing is available, and guide you through the necessary legal procedures.
Whether your charges were dismissed, you were acquitted, or you completed a diversion program, there may be opportunities to reduce the impact of an arrest record on your future.
