Pennsylvania: Adult Convictions (PA-C-5)

Records relating to certain offenses can be vacated by the court if the petitioner committed the offense as a direct result of being a victim of human trafficking. 18 Pa. Cons. Stat. § 3019(d).

Record Detail(s)

Human trafficking offenses

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Vacate

Ineligible Category or Citation

This provision applies only to certain convictions, including offenses for simple possession of a controlled substance. 18 Pa. Cons. Stat. § 3019(d)(1).

Procedure General

The petition must be filed in court and be consented to by the attorney for the Commonwealth. For the specific procedure, see 18 Pa. Cons. Stat. § 3019.

Fees

There is no statutory language regarding fees.

Effect

The conviction is vacated and the court strikes the adjudication of guilt and orders the expungement of the criminal proceedings. 18 Pa. Cons. Stat. § 3019(g).

Waiting Periods

There is no statutory language regarding a waiting period.

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