Cecily Zamora
Pennsylvania's Clean Slate Law offers a chance for eligible individuals to move forward without their past mistakes being visible to the public. The law, which was first introduced in 2018, has undergone several expansions, with the most recent update—Clean Slate 3.0—being enacted into law in December 2023. This latest expansion includes certain felony records, specifically some low-level drug and property-related felony convictions. The Clean Slate Law helps to address racial inequities in the criminal legal system and removes barriers to employment, housing, and education for those with criminal records. While sealed records are not entirely invisible, they are no longer accessible through public databases, giving those with a criminal history a chance to embrace a new chapter in life.
| Characteristics | Values |
|---|---|
| Cases eligible for sealing | Low-level drug and property-related felony convictions, misdemeanour convictions, and summary convictions |
| Conditions for sealing | 10 years must have passed without any subsequent convictions for felony cases; 7 years for misdemeanour convictions; 5 years for summary convictions |
| Automated sealing | Yes, for eligible cases without the need for a petition |
| Petition for sealing | Required for more serious charges or if no conviction has occurred within the specified timeframe |
| Sealed record visibility | Not accessible through public databases but can still be accessed by law enforcement, courts, and specific professional licensing bodies |
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What You'll Learn
Low-level drug felonies
Pennsylvania's Clean Slate law has been expanded to include the sealing of some low-level drug felonies. This expansion, known as Clean Slate 3.0, was signed into law by Governor Josh Shapiro on December 14, 2023. The law allows for the sealing of less serious drug felonies, such as possession of a controlled substance and intent to distribute small amounts of marijuana, after 10 years without a subsequent misdemeanor or felony conviction. This expansion is expected to help hundreds of thousands of Pennsylvanians move past their old mistakes and access better opportunities for jobs, housing, and education.
The Clean Slate law in Pennsylvania was first enacted in 2018 as Clean Slate 1.0, which used automation technology to seal eligible cases without a petition being filed. This removed barriers to sealing for eligible individuals and reduced the demand on court resources. The subsequent Clean Slate 2.0, enacted in 2020, allowed cases to be sealed even when fines and costs were still owed, further removing financial barriers to sealing.
Clean Slate 3.0 expands the scope of the original legislation by including the sealing of qualified drug and property-related felony convictions. It also shortens the waiting periods for sealing convictions, with misdemeanors requiring a wait of seven years and summary convictions requiring five years. However, it is important to note that drug felonies with specific sentencing conditions, such as those involving firearms, driving under the influence, or sexual crimes, are excluded from automatic record clearing.
The expansion of the Clean Slate law in Pennsylvania is part of a broader movement towards criminal justice reform. Since 2018, ten states have followed Pennsylvania's model and passed similar Clean Slate legislation to help address racial inequities in the criminal legal system and improve access to employment for individuals with criminal records. This legislation is based on recidivism research, which shows that a person with a drug conviction is no more likely to commit a new offense than the general population after four years without another conviction.
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Property-related felonies
The Clean Slate 3.0 law in Pennsylvania, which came into effect on December 14, 2023, expands the Clean Slate law to include certain property-related felony convictions. This means that some property-related felonies, such as theft and forgery, will be eligible for sealing after 10 years, providing there has been no subsequent misdemeanour or felony conviction.
The Clean Slate law is an innovative way to clear criminal records in Pennsylvania. It uses automation technology to seal eligible cases without the need for individuals to file a petition, reducing barriers and demand on court resources. This process is free and does not require any court appearances, payments, or paperwork.
The expansion of the Clean Slate law will allow many Pennsylvanians to move forward from their past mistakes and find employment. People with drug felony convictions are twice as likely to be denied employment, and the sealing of these records can address the over-criminalization of communities of colour, helping to address racial inequities in the criminal legal system.
The Clean Slate law has already sealed over 40 million cases in Pennsylvania, helping more than 1.2 million people. The legislation has been so successful that, since 2018, ten states have followed Pennsylvania's model and passed similar Clean Slate laws.
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Misdemeanours
The Clean Slate Law in Pennsylvania offers a chance for eligible individuals to move forward without the burden of past mistakes. The law allows for the sealing of certain criminal records, making them inaccessible to the public and reducing the chances of employers, landlords, or other members of the public discovering an individual's criminal history. This can significantly improve opportunities for jobs, housing, and education.
The Clean Slate Law has undergone several expansions, with the latest version, Clean Slate 3.0, enacted on December 14, 2023. This version expands record-sealing eligibility to include certain felony convictions, specifically targeting low-level drug and property-related felonies. Under this new provision, certain drug felonies will be sealed automatically after 10 years without subsequent convictions, while other property-related felonies, such as thefts, will require a court petition for sealing after 10 years.
The Clean Slate Law also addresses misdemeanour convictions. For misdemeanours, the waiting period for sealing has been reduced to 7 years, providing a faster path to clearing one's name. After this period, with no new misdemeanour or felony convictions, many misdemeanour convictions may be sealed. However, it is important to note that certain misdemeanours may require a petition to be filed in court for sealing, while others may be sealed automatically. The nature of the conviction and the time elapsed since the completion of the sentence play a role in determining eligibility for sealing.
While the Clean Slate Law offers a second chance for individuals with misdemeanour convictions, it is not a complete erasure of their criminal records. Sealed records are not entirely invisible and can still be accessed by law enforcement agencies, courts, and specific professional licensing bodies. Additionally, sealed records can be used in subsequent criminal proceedings if an individual commits another crime. Nevertheless, the law provides an opportunity for individuals to improve their chances of finding employment and accessing other opportunities that may have been hindered by their criminal history.
To determine eligibility for sealing under the Clean Slate Law, individuals can seek legal assistance from organisations such as Community Legal Services, which offers an automated service called the Clean Slate Screener. This service helps individuals review their Pennsylvania criminal record and provides personalised information about clearing their records. Additionally, legal aid organisations like Legal Aid of Southeastern Pennsylvania and Scaringi Law provide guidance and support throughout the record-sealing process.
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Summary convictions
The Clean Slate Law in Pennsylvania offers a second chance to individuals living with the stigma of a criminal record. The law allows eligible individuals to live their lives without the constant burden of a past mistake being publicly visible. This can significantly improve their chances of securing new opportunities in employment, housing, and education.
The Clean Slate Law was first introduced in 2018 and has since seen two expansions, Clean Slate 2.0 and Clean Slate 3.0, with the latter being signed into law on December 14, 2023. This latest expansion includes certain felony records, specifically some drug and property-related felony convictions. Less serious drug felonies will be sealed automatically after 10 years without a subsequent conviction. Other property-related felonies, such as theft, will be eligible for sealing after 10 years upon the granting of a court petition.
The Clean Slate Law also shortens the waiting periods for sealing convictions. The waiting period for sealing misdemeanor convictions has been reduced to 7 years, and summary convictions will be sealed after 5 years with no current criminal charges.
It is important to note that sealed records are not entirely invisible. While they are inaccessible to the general public through public databases, they can still be accessed by law enforcement agencies, courts, and specific professional licensing bodies. Additionally, sealed records can be used in subsequent criminal proceedings if an individual commits another crime.
To determine eligibility and navigate the process of sealing criminal records under the Clean Slate Law, individuals may seek legal assistance from organisations such as Legal Aid of Southeastern Pennsylvania and Community Legal Services, or consult with private attorneys.
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Serious charges
The Clean Slate Law in Pennsylvania offers individuals with a criminal record a chance to move forward without their past hindering their future opportunities. The law was expanded in December 2023 to include certain felony records, marking a significant shift towards rehabilitative justice.
The Clean Slate Law uses automation technology to seal eligible cases without a petition being filed. This automation removes barriers faced by individuals seeking to seal their records and reduces the demand on court resources. The automated sealing process takes place 180 days after the signing of the bill, allowing time for the Pennsylvania State Police and the courts to implement the required changes.
However, for more serious charges, individuals may need to petition the court to seal their records. This typically applies to more severe offences. It is advisable to consult a legal professional to determine whether this step is necessary in a particular case.
The Clean Slate Law does not erase criminal records but seals them from public view. This means that sealed records are generally inaccessible through public databases and background checks. However, there are exceptions where sealed records can still be accessed, such as for law enforcement, judicial purposes, licensing applications, and child protective services. It is important to note that sealed records can still be used in subsequent criminal proceedings if an individual commits another crime.
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Frequently asked questions
The PA Clean Slate Law is a legislation that helps people with criminal records get a fresh start by sealing their records. This law was enacted to address racial inequities in the criminal legal system and help people find jobs.
Under the PA Clean Slate Law, certain felony convictions including some low-level drug and property-related felonies, may be sealed if 10 years have passed without any subsequent convictions. Additionally, many misdemeanour convictions may be sealed after 7 years, and summary convictions will be sealed automatically after 5 years.
The sealing process can be automated or through a petition to the court. Once an individual qualifies based on the nature of their conviction and the time elapsed since their sentence completion, their record will be sealed automatically by the courts and law enforcement agencies. For more serious charges, a petition to the court may be required.
Sealing a criminal record under the PA Clean Slate Law reduces the chances of potential employers, landlords, or the general public from accessing an individual's criminal history. This increases opportunities for employment, housing, and education, as background checks are less likely to reveal sealed records.
