Keith Mack
Pennsylvania's Clean Slate law allows people with old and minor criminal records to access jobs, housing, education, and other opportunities. The law, which was first enacted in 2018, has since undergone several revisions, with the most recent update—Clean Slate 3.0—coming into effect in February 2024. This latest iteration expands record-sealing eligibility, allowing more Pennsylvania residents with criminal records to get a fresh start.
| Characteristics | Values |
|---|---|
| What is Clean Slate? | A new Pennsylvania law that expands criminal record sealing to include more types of offenses, including some first-degree misdemeanors, which can now be sealed by filing petitions. |
| What convictions are eligible to be sealed? | Some first-degree misdemeanors, second-degree simple assault, other second- and third-degree misdemeanors, low-level drug and property-related felony convictions, and summary convictions. |
| What convictions are not eligible to be sealed? | Violent and sexual offenses, crimes involving danger to persons, crimes against families, indecent exposure, sexual intercourse with animals, failure to register upon conviction of certain sexual offenses, weapons or implements for escape, abuse of a corpse, and unlawful paramilitary training. |
| How long do I have to wait before my record can be sealed? | Summary convictions will be sealed after 5 years. Eligible misdemeanor convictions can be sealed after 7 years without another misdemeanor or felony conviction. Eligible felony convictions can be sealed after 10 years without another misdemeanor or felony conviction. Non-convictions are sealed after about 60 days. |
| Do I have to pay my court costs, fees, fines, and restitution before my record can be sealed? | You do not need to pay court costs, fees, or fines to seal your record. However, if restitution was ordered, the restitution must be paid to seal your record. |
| How do I seal my record? | There are two ways records are sealed in Pennsylvania: through Clean Slate automation or through a petition process. |
| Will my record be sealed automatically, without me doing anything? | Your non-convictions and summary convictions will be sealed through Clean Slate automation. Your misdemeanor and felony convictions may be sealed through Clean Slate automation, but some require a petition to be sealed. |
| How do I know if my record is sealed? | You still have access to your own full criminal record, so you can see what cases were sealed. You can look up your record using the Clean Slate Screener or by following these directions. |
What You'll Learn
Who is eligible for the PA Clean Slate Law?
The PA Clean Slate Law allows individuals to get their criminal records sealed. This means that the records will not be visible to the public and won't show up on most background checks. However, it is important to note that the records will still be accessible to law enforcement and judicial officers.
To be eligible for the PA Clean Slate Law, individuals must meet the following criteria:
- They must have been convicted of second- and third-degree misdemeanors, or misdemeanors punishable by two years or less in prison.
- They must have been convicted of summary convictions or charges that did not result in convictions.
- They must have been free from conviction of offenses punishable by a year or more in prison for 10 years.
- They must have completed all court-ordered obligations for 10 years.
Additionally, certain offenses make individuals ineligible for the PA Clean Slate Law. These include:
- Crimes involving danger to persons.
- Crimes against families.
- Indecent exposure.
- Sexual intercourse with animals.
- Failure to register upon conviction of certain sexual offenses.
- Weapons or implements for escape.
- Abuse of a corpse.
- Unlawful paramilitary training.
Moreover, individuals convicted of any of the following are not eligible for the PA Clean Slate Law at any time:
- Two or more offenses punishable by more than two years in prison.
- Four or more offenses punishable by one or more years in prison.
It is important to note that the Clean Slate Law in Pennsylvania has undergone updates and expansions, such as Clean Slate 3.0, which took effect on February 12, 2024, expanding record-sealing eligibility and shortening the timeframe for sealing records.
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What convictions are newly eligible to be sealed?
Pennsylvania's Clean Slate law has been expanded to include certain felony records, allowing more state residents with criminal records to have a fresh start. The new law, Clean Slate 3.0, shortens the timeframe for record-sealing and expands eligibility.
Low-level felony convictions which may be sealed after 10 years:
- Drug crimes with shorter sentences
- Theft, including retail theft and receiving stolen property
- Forgery & fraud, including access/device fraud, bad checks, ID theft & welfare fraud
- Conspiracy to commit an eligible crime
Misdemeanor convictions which may be sealed after 7 years:
- Recklessly endangering another person
- Driving under the influence (DUI)
- Possession of an instrument of a crime
Summary convictions
Summary convictions will be sealed automatically after 5 years, with no current criminal charges.
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How do I file a petition for my record to be sealed?
There are two ways to seal records in Pennsylvania: through Clean Slate automation or through a petition process. Non-convictions ("Not Guilty" and dropped charges) and summary convictions are always sealed through Clean Slate automation. Some misdemeanour and felony convictions are sealed through Clean Slate automation, but some require a petition to be sealed.
If your conviction is not sealed automatically, you must file a petition in court. The petition must be filed in the local court where the conviction occurred. Each court has its own system for filing Clean Slate petitions, and each may have a different fee associated with the filing.
The rules are complicated, so it is recommended that you find legal help to learn how you can seal your record. Legal Aid of Southeastern PA may be able to help low-income residents of Bucks, Chester, Delaware, and Montgomery counties with this process.
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Do I need to disclose my sealed or expunged record(s)?
Sealed records are not destroyed; they are protected by what is called an "Order for Limited Access". The general public cannot view sealed records. However, these records can be accessed by criminal justice agencies, professional licensing boards, immigration, and child protective services.
In most cases, you may say that you were never arrested or convicted of a crime. However, there are some exceptions to this rule. If your job requires an FBI background check, for example, you should be honest and explain that you have a sealed record that cannot be used against you.
If you are ever denied a job because of a sealed record, seek legal help.
- Law enforcement purposes (police, prosecutors, and criminal courts)
- Gun ownership and use applications (including permits to carry and Act 235)
- International travel
- Other court cases, sometimes (dependency, custody, or protection from abuse cases)
- Admission to the bar to be a lawyer
- Limited situations where federal law requires a background check for employment
Sealed cases are currently reported on FBI record background checks, but most employers are not allowed to get your FBI record. If your job requires an FBI background check, you should see whether your record can be expunged. You will know if you are getting an FBI check because you will have to provide fingerprints.
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Can I still expunge my record?
In Pennsylvania, only non-conviction charges, including Accelerated Rehabilitative Disposition (ARD), or summary convictions, with no arrests in the past 5 years, can be expunged. Misdemeanor and felony convictions cannot be expunged unless you are at least 70 years old or you first receive a pardon from the governor.
Expungement completely erases and destroys a record, which means that it will not show up on any background checks. This is different from sealing a record, which hides the record so that it does not appear on most background checks for employment, housing, and education purposes.
Expungement is the only mechanism to permanently and completely remove criminal history record information. Criminal history record information must be expunged when:
- Case dispositions have not been received or recorded within 18 months of arrest, and the court certifies that a disposition is not available or an action is not pending
- A court directs that non-conviction data be expunged
- Individuals reaching 21 years of age who were convicted of Section 6308 of the Crimes Code, often referred to as "underage drinking" after they turned 18, and who satisfy all conditions of the sentence and petition for expungement
- Individuals reaching 70 years of age who are free of arrest or prosecution for ten years following their final release from confinement or supervision
- Individuals who have been dead for three years
- Individuals who petition the court for expungement of summary offenses and have been free of arrest or prosecution for five years following the conviction for that offense
Juvenile delinquency and cases involving summary offenses committed by individuals under 18 years of age must also be expunged after notice to the district attorney and the filing of a motion finding any of the following:
- An unsubstantiated complaint, or a delinquency petition filed as a result, is dismissed
- A written allegation filed was not approved for prosecution
- Six months have passed since the individual successfully completed an informal adjustment, and no adjudication proceeding or conviction is pending
- Six months have passed since final discharge from supervision, and no adjudication proceeding or conviction is pending
- The individual is 18 years of age or older and six months have passed since they satisfied all terms and conditions of the sentence imposed for conviction of a summary offense, and since that time they have not been convicted of a felony, misdemeanor, or adjudicated delinquent, and no adjudication proceeding or conviction is pending
- The individual is 18 years of age or older and was convicted of underage drinking when they were under 18, and six months have passed since the individual satisfied all terms and conditions of the sentence
- Five years have passed since final discharge from commitment, placement, probation, or other disposition, and since that time the individual has not been convicted of a felony, misdemeanor, or adjudicated delinquent, and no adjudication proceeding or conviction is pending
- The attorney for the Commonwealth consents and expungement is ordered by a court
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Frequently asked questions
The Clean Slate law in Pennsylvania allows people with old and minor criminal records to access jobs, housing, education, and other opportunities. It expands criminal record sealing to include more types of offenses, including some first-degree misdemeanors, which can now be sealed by filing petitions.
Under the Clean Slate law, some low-level drug and property-related felony convictions may be sealed if 10 years have passed with no subsequent misdemeanors or felony convictions. Many misdemeanors may be sealed if 7 years have passed, and summary convictions will be sealed after 5 years.
You can look up your record using the Clean Slate Screener or by following these directions. If your record does not appear, that likely means it has been sealed. You can also visit a Pennsylvania courthouse and ask for a copy of your complete record, or get an "Access and Review" record by mail from the Pennsylvania State Police.
Generally, no. Records sealed under Clean Slate are not considered convictions. If criminal history information is requested, you may respond as if the offense did not occur. However, there are some exceptions, such as if the information is requested by a criminal justice agency or disclosure is required by federal law.
