Expungement law in Pennsylvania has the power to give people a fresh start. I recently had the privilege of traveling to Washington County, Pennsylvania, for a client’s expungement hearing. While I’ve handled hundreds of similar cases, this one left a lasting impression. It’s a story of redemption, persistence, and the legal process, and I’d like to share it with you.
A Case of Redemption: 35 Years in the Making
My client, a 70-year-old man, was seeking expungement for a 35-year-old robbery conviction. In his early 20s, during a period of profound depression, he made a desperate decision: he walked into a bank, handed the teller a note demanding money, and waited to be arrested. He served his time, walked off parole, paid his fines, and then turned his life around—working steadily for 35 years with no further criminal activity.
Under Pennsylvania’s expungement statute, individuals who have turned 70 and have been free from court supervision for at least 10 years are eligible to have certain convictions expunged. My client had been off supervision for three decades. He was eligible and determined to clear his record, particularly because the robbery conviction carried a firearm disability as part of the penalty.
Washington County’s Expungement Process
Each county in Pennsylvania handles expungements differently, and Washington County has its own unique approach. The process involves:
- Submitting the petition to the District Attorney’s Office, where they review it and determine whether they oppose.
- If there’s no opposition, the petition proceeds to the Court Administrator and then to the judge for a signature.
- If the DA opposes, a hearing is scheduled before a judge.
In this case, the Assistant District Attorney (ADA) opposed the petition and requested a hearing. While this wasn’t unexpected given the seriousness of the original charge, I was confident the law was on our side. So, I packed up and made the 250-mile trip to Washington County—a first for me.
A Pennsylvania Courthouse to Remember
Four hours later, I arrived at one of the most beautiful courthouses in Pennsylvania. Built in the early 1900s, it features stunning marble and intricate ironwork, reflecting the wealth of the region during the steel and glass industry’s peak. I couldn’t resist snapping a few pictures before heading inside.
After checking in with the bailiff, I confirmed our 3:00 p.m. hearing. I also took a moment to speak with the ADA, hoping to resolve the matter without a hearing. However, the ADA insisted on proceeding.
Understanding the Burden of Proof
One critical point I clarified before the hearing was the burden of proof in expungement cases. While I initially thought I bore the burden, Pennsylvania law states that it’s actually on the District Attorney’s Office to demonstrate a compelling reason to retain the record. It’s not enough to argue, “It was a serious crime.” The law requires more, and I provided the ADA with the relevant statute before heading into the courtroom.
The Wexler Hearing
At the hearing, the judge began by asking the ADA why they opposed the expungement. The ADA requested a Wexler hearing, named after a Pennsylvania case that allows petitioners to explain their circumstances, including:
- Their age and work history.
- Why they want the expungement.
- How failing to clear the record would impair them.
I stipulated to the facts of the 35-year-old robbery and called my client to testify. He explained that he’s now 70 years old, has maintained steady employment for 35 years, has committed no further crimes, and wants the record cleared so he can travel freely, particularly to Canada.
The judge then turned back to the ADA, who maintained their opposition but offered no substantial argument. Ultimately, the judge sided with us, signing the expungement petition.
Reflections on Expungement Law Across Pennsylvania
The success of this case was a victory for my client, but it also highlighted the challenges of handling expungements across all 67 counties in Pennsylvania. While my firm regularly handles cases in our core counties, traveling to counties like Washington for a hearing can involve significant time and expense.
For straightforward expungements, we often refer clients to reputable local attorneys who are familiar with their county’s specific procedures. In fact, after this case, I identified a trustworthy attorney in Washington County to handle future referrals.
Our firm’s mission is simple: to help clients achieve their expungement goals in the most efficient and cost-effective way possible. Whether we handle the case directly or refer it to a qualified local attorney, we are committed to ensuring our clients get the fresh start they deserve.
As an attorney with over 35 years of experience, I’ve seen firsthand how criminal records can hold people back—from accessing housing to securing employment or even traveling. Pennsylvania’s expungement and Clean Slate laws offer hope for individuals who have turned their lives around, and I’m proud to play a part in that process.
A Thanksgiving Reflection: Giving the Gift of Freedom
As I drove back from Washington County, the timing of this case struck me. With the Thanksgiving holiday passing, I couldn’t help but think about the importance of family, friends, and the fresh starts that expungement can bring. The holidays are a time to reflect on the blessings in our lives and to offer hope and support to those we care about.
For many, a criminal record can cast a long shadow, making it difficult to fully participate in life’s opportunities. I listen to the setbacks of securing stable housing, advancing in a career, or simply traveling to visit loved ones. This Thanksgiving, as we gather with our families and friends, let’s remember how powerful it can be to help someone reclaim their future.
If you or someone you love has been held back by a criminal record, now is the perfect time to take action. Whether in Washington County or any of the state’s 67 counties, there’s always a path forward. Give the gift of a clean slate this holiday season by helping them start the expungement or pardon process. Our firm offers free record researching to determine eligibility, no-cost consultation with myself, affordable payment plans, and most importantly, we’re here to guide you every step of the way.
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