PA Court Reaffirms Strict Limits on Expungement of Conviction Records

Posted in Expungement on April 9, 2026

The PA Superior Court’s decision in Commonwealth v. Romeo, 2017 PA Super 1, underscores a critical—and often misunderstood—distinction in Pennsylvania expungement law: the sharp divide between arrest records and conviction records. The decision also affirms the long-standing precedent that expungements are only permitted when the law allows and not simply because a person really wants it or even deserves it.

Background of Expungement Request

Romeo sought expungement of a 32-year-old felony conviction for criminal trespass. Although he had demonstrated long-term rehabilitation and argued that the conviction continued to impose collateral consequences—including limitations on civic participation and employment—he acknowledged that statutory or written law did not allow him to obtain an expungement.

Instead, Romeo advanced a constitutional argument, asserting that due process principles should entitle him to a judicial balancing test weighing his interests against the Commonwealth’s interest in maintaining the record. Basically, Romeo argued that a court could consider his need for the expungement and ignore the law that did not allow for an expungement.

PA Expungement Law

Pennsylvania law treats expungement differently depending on how a case was resolved:

• Acquittals: Defendants are generally entitled to automatic expungement.
• Non-conviction dispositions (e.g., nolle prosse, ARD): Courts apply a balancing test derived from Commonwealth v. Wexler, weighing individual harm against governmental interests.
• Convictions: Expungement is governed strictly by statute, primarily 18 Pa.C.S. § 9122, and is available only in narrow circumstances (e.g., advanced age with a crime-free period, or death).

The Court’s Analysis

The Superior Court rejected Romeo’s argument and affirmed prior decisions that clearly held that a person can only obtain an expungement when permitted by law. Even compelling post-conviction rehabilitation and the passage of decades were insufficient to overcome the statutory limitations.

PA Limited Access Law

While Romeo was not eligible to obtain an expungement, which is a destruction of all records, he may have been eligible to seek limited access of his convictions.  “Limited access” basically means that the records still exist, but only a limited group of people have access to the information.  For more information about the difference between limited access and expungement, click here.