Can I have a felony drug conviction expunged?

Felony Drug Conviction Expungement

For practical purposes, the answer is no. The expungement law in Pennsylvania is set forth in section 9122 of the Crimes Code and generally allows the expungement of non-convictions. There are two exceptions to the general rule. The first exception is that if a person is 70 years old and has been free of arrest and prosecution for ten years following final release from expungement-eligibilityconfinement or court supervision. The second exception is if the person has been dead for three years.

Pennsylvania Pardon Process

Obviously, the exceptions the general rule that misdemeanor and felony convictions cannot be expunged are not very helpful or useful to most people. The Pennsylvania legislature did amend section 9122 relatively recently to allow for the expungement of summary offenses, but the amendment did not create exceptions for the expungement of either misdemeanor or felony convictions. A person with a misdemeanor or felony conviction must first seek a pardon of the conviction from the Pennsylvania Board of Pardons. If a person is able to receive a pardon, then the conviction is set aside, and a person’s legal rights are returned. For example, a Pennsylvania felony drug conviction prohibits a person from possessing a firearm. If a person receives a pardon, then the lifetime firearm prohibition is removed.

A pardon can make your record eligible for expungement

Also, if a person receives a Pennsylvania pardon, then the charges are eligible for expungement. A petition to expunge must be filed with the court, and the person must convince the judge to grant the expungement and thereby issue an expungement order.