National News
New Pennsylvania law hides some criminal records from prying eyes
December 16, 2016 posted by Steve Brownstein
Putting the folly of your misspent youth behind you just got easier in Pennsylvania as a new law designed to hide old, minor criminal records from public view went into effect in the last week.
The state's limited access law allows people convicted of certain misdemeanor crimes to ask a court to have their records sealed. While law enforcement will still have access to the records, they'll disappear from public online databases — like the ones most employers use while conducting background checks on potential hires.
Lawyers say the change will remove a roadblock for clients who have been haunted by a minor conviction that they've had to explain over and over again while searching for a job or housing.
"We have clients who have completely turned their lives around, but they are being turned down from jobs and graduate programs over minor offenses," Allentown criminal defense attorney Thomas Joachim said.
The law applies to most second- and third-degree misdemeanors — such as drunken driving and most retail thefts — that are punishable by no more than two years in prison. Applicants must have completed their sentence at least 10 years ago, without getting into any further trouble with the law.
The district attorney of the county where the crime occurred can challenge the petition, but the ultimate decision rests with a judge. There's a $132 filing fee and no court hearing is required.
Interest in the new law has varied widely, with more than 1,000 people attending a set of free legal clinics on the law last weekend in Philadelphia. But Lehigh and Northampton counties have no applicants yet.
Northampton County Assistant District Attorney Michael Thompson, who oversees expungements for his office, predicts that will change as the public becomes aware of the provision.
"I think it's what people want because more and more employers are looking at people's criminal records," Thompson said. "As we say, you can't expunge Google, but at least you can shield some of your potential criminal history from employers."
Lehigh Valley lawyers say they expect a deluge of phone calls once the public learns about the option.
"People come into our office all the time asking for help getting an old drunken-driving case removed from their record," said Joachim, the Allentown defense attorney. "Up until now, we haven't been able to help them."
Joachim said people mistakenly believe they can get an old conviction expunged, a process in which a court grants a request to have a criminal record erased. But expungement is only an option for summary offenses, like a traffic ticket, or for people 70 or older who have not had a conviction in 10 years.
The new law is also different from a pardon, a lengthy and expensive process that requires a trip to Harrisburg. The limited access offered under the new law is more fair, Joachim said, and acknowledges that people shouldn't be defined by their mistakes.
Limited access was signed into law by Gov. Tom Wolf in February, bringing Pennsylvania in line with 27 other states that have similar measures on the books.
The law is being eyed cautiously by groups that depend on public records to gather information, such as the Pennsylvania NewsMedia Association.
"We certainly understand the interest a person has in expunging years-old, minor offenses. At the same time, it is important to understand that newsworthy criminal offenses will continue to be reported on at the time they occur and those reports will continue to exist as part of news archives," said Melissa Melewsky, the association's attorney.
In the General Assembly, there's also a proposal known as clean slate, which would automatically remove certain low-level, nonviolent criminal convictions from someone's record after a set period of time. That legislation passed the Senate Judiciary Committee unanimously in May but is dying with the end of the two-year session this month. It's expected to get another look next year.
By one estimate, about a third of the state's working-age adults have some type of criminal record, a past that can make it difficult or impossible to obtain certain jobs, or limit housing choices and educational opportunities.
"This law is a recognition that we ought to be more mindful of collateral consequences," Easton criminal defense attorney Gary Asteak said.
Asteak said the law will help people who didn't realize how long their seemingly minor crime would follow them.
"There are a myriad of implications to a criminal record," Asteak said. "A plea deal to a $50 fine, for example, for possessing a small amount of marijuana might seem like a good option. Until you try to get a job and there's a misdemeanor on your record."
