Expungement of Record
Self Help - Lehigh County Court of Common Pleas
This information is for reference and research purposes. This section explains the basic forms needed for Expungement of Record in a step by step format. Expungement is controlled by 18 PACSA § 9122. Generally, expungement is the process to "remove from general review" the records pertaining to an arrest, citation, or adjudication of summary or criminal charges. However, not all criminal records are eligible for expungement, and the records may not completely "disappear." Records may still be available to law enforcement and may still be considered a prior conviction for some purposes. Expungement is not automatic, and the court may choose not to grant the request. To determine if your criminal records fall within the categories of records eligible to be expunged, consult an attorney.
We recommend that you use the printable checklist.
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Section 1 - Documentation Needed
Step 1. Proof of cost, fines and restitution
- Expunging a case from the Lehigh County Court of Common Pleas level
- You need a letter from the Lehigh County Bureau of Collections Office stating that you have paid all cost, fines, and restitution in full.
- Request this document be mailed to you by either going in person to the Lehigh County Bureau of Collections Office or by calling (610) 782-3320
- Expunging a case from the Lehigh County Magisterial District Court level
- You need either an OTN docket transcript from the specific Lehigh County Magisterial District Court office at which your case was heard or a print out of the Docket sheet that shows a zero balance.
- OTN docket transcript may only be requested in person at the specific Lehigh County Magisterial District Court. If you live outside the state of Pennsylvania, you may call and request that this document be mailed to you.
- Docket sheet may be printed out from https://ujsportal.pacourts.us
Step 2. Proof of either completion of ARD or probation status
- Expunging a case from either the Lehigh County Court of Common Pleas level or the Lehigh County Magisterial District Court level
NOTE: If you were never placed on ARD or have never been sentenced to a period of probation for a summary offense, skip this section
- ARD - Unless you have received a Court Order releasing you from the ARD program, you will need a letter from the Lehigh County Adult Probation Department stating that you have successfully completed the ARD program
- Probation Sentence - If you were sentenced to a period of probation for a summary offense, you will need a letter from the Lehigh County Adult Probation Department stating that you successfully met the conditions of probation
- Request either letter by calling (610) 782-3933 or by going in person to the Lehigh County Adult Probation Department.
Step 3. Photocopy
Make three (3) copies of each document
Section 2 - Form preparation
Step 1. Form preparation
Step 2. Signature
Sign and date the Expungement packet from Step 1 Form preparation that requires your signature
Step 3. Photocopies
Make three (3) copies of the signed and dated Expungement packet
Step 4. Packet assembly
Assemble into four (4) packets:
- One (1) packet for the Clerk of Judicial Records-Criminal containing the following completed forms and documents:
- Original Expungement packet
- Original document proving cost, fines and restitution paid in full
- ARD Court Order or original letter from Adult Probation
- One (1) packet to be served on the Court Administration Office, one (1) packet to be served on the District Attorney's Office and one (1) packet for your records containing the following completed forms and documents:
- Photocopy of Expungement packet
- Photocopy of document proving cost, fines and restitution paid in full
- Photocopy of ARD Court Order or original letter from Adult Probation
Section 3 - Filing and Serving the Expungement
Step 1. Filing
Take the following items to the Clerk of Judicial Records-Criminal office located in room 122 of Lehigh County Courthouse:
- All four (4) completed packets from Section 2-Form Preparation step 4
- Cash, check or money order to cover the Expungement filing fee
- $87.65 for Expungement of a Lehigh County Magisterial District Court case
- $106.25 for Expungement of a Lehigh County Court of Common Pleas case
- One (1) Self addressed stamped envelope
NOTE: If you change your address after filing the motion, be sure to provide written notification of your new address.
Step 2. Serving
The easiest way to serve the District Attorney's Office and the Court Administration Office is to hand deliver to them while you are still at the Courthouse:
- Hand deliver the time-stamped packet to the District Attorney's Office
- Then hand deliver the other time-stamped packet to the Court Administrator's Office, or
You may mail each to the address provided on the Certificate of Service
Section 4 - Hearing
Step 1. Scheduling
- If the District Attorney's Office does not object to the expungement motion, within approximately 30 days of the filing date you will receive by mail a signed court order granting the motion for expungement. A hearing will not be necessary
- If the District Attorney's Office objects to the expungement motion, they will file a Commonwealth's Answer to Defendant's Motion to Expunge along with an Order asking the court to deny the motion. You will receive by mail a copy of the Answer
- The Court Administrator will forward the court file to the assigned judge. After review, the judge will either sign the Order denying the motion and a copy will be mailed to you, or will instruct the Court Administrator to schedule hearing
Step 2. Appearance
- If you receive a scheduling order, then you are required to appear at your scheduled hearing
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We recommend that you use the printable checklist.
Disclaimer
The forms and instructions that are available from this website are not a substitute for professional legal advice. Court employees cannot give you legal advice or help you fill out /complete the forms. It is your responsibility to read and complete the forms and to take required steps to file and serve the documents. If you decide to use these forms in an actual action, be prepared to spend appropriate time gathering information, completing forms and following the Rules of Court. The Court assumes no responsibility for the use of these forms and accepts no liability for actions taken by using these documents, including reliance on the instructions and/or contents. To obtain legal advice and to insure the proper use of this material, you should contact a lawyer.
If you want to obtain the service of an attorney, but do not know whom to contact, you should visit the Lehigh Bar Asasociation's Lawyer Referral Service website.