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Senate Bill 391 expands expungement law to include misdemeanors of the second and third degree; however, not all misdemeanors of the second and third degree are eligible to be expunged. Not only do they have to be a qualifying offense, but the person must also have been free of arrest or prosecution following termination for the sentence for seven to ten years. Additionally, misdemeanors in the second degree are only eligible if the offense was committed when the person was 25 years old or younger.

There is a SB391 support website that you can subscribe to for more information: http://pa-expungement-now.com

The bill lists certain offenses that are not eligible. Those offenses are:

  • Any offense listed under section 913 (possession of a firearm or dangerous weapon in court) in the third degree
  • A violation of section 2701 (assault) in the second degree
  • A violation of section 3219 (relating to sexual intercourse with an animal)
  • A violation of section 4912 (relating to impersonating a public servant)
  • A violation of section 4952 (relating to intimidation of public servant)
  • A violation of section 4953 (relating to retaliation against witness, victim, or party)
  • A violation of section 5511 (relating to cruelty to animals)
  • A violation of any provision in chapter 61 (relating to firearms)
  • Any violation which requires registration under 42 Pa.C.S. Ch. 97(H)
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