How Processing Delays Affect Your Clients’ Rights

If the AOPC has deleted the records, does that guarantee that my State Police Record is clear?

No. The Pennsylvania State Police Expungement Unit operates on a backlog. Court ordered expungements are processed in the order that they are received.

How can I check if Pennsylvania State Police has expunged my client’s record?

The client or the client’s attorney can submit a record request to the Pennsylvania State Police using their website.

Once the Pennsylvania State Police record is expunged, is the National Crime Information Center (NCIC) record purged as well?

Not immediately. According to a representative of the Pennsylvania State Police Expungement Unit, the Department of Justice (which operates the NCIC) has a backlog of their own for processing court ordered expungements.

Can a client or a client’s attorney request a criminal history check through NCIC?

No. Attorneys and clients are not authorized users of the NCIC information system.

If a private screening company has found a criminal record and reported it to a possible employer, is there anything the client’s attorney can to do help?

Yes. Notify the compliance officer for the screening company, in writing, that the client’s record has been expunged and enclose a copy of the court ordered expungement.

What should the clients be told as a timeframe for all records to be expunged?

Suggest that the client wait at least six (6) months from the date of the court ordered expungement before applying for a job which will require a criminal background check. If that is not possible, make sure the client notifies the employer that a court order has been entered expunging the record and the expungement will eventually take place.

Blog Written by David Hershey

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