Cecily Zamora
Pennsylvania's Clean Slate Law is a groundbreaking piece of legislation that offers a fresh start to those with old and minor criminal records. The law allows certain criminal records to be sealed, hidden from public view, and treated as if they did not occur. This enables individuals to access employment, housing, education, and other opportunities that may have been hindered by their criminal records. The Clean Slate Law covers a range of offenses, including some misdemeanors, and the eligibility criteria and sealing process are detailed and specific. So, what misdemeanors can be sealed under this law, and what does the process entail?
| Characteristics | Values |
|---|---|
| Eligibility | Individuals who have served their punishment, paid court-ordered restitution, and have been free of arrests and prosecutions punishable by a year or more in prison for 10 years. |
| Types of offenses | Nonviolent qualifying misdemeanors, ungraded offenses punishable by five years or less in prison, second- and third-degree misdemeanors, and misdemeanors punishable by two years or less in prison. |
| Offenses not eligible | Violent and sexual offenses, first-degree misdemeanors, four or more misdemeanors graded as second-degree or higher, and offenses related to indecent exposure or using a weapon during an escape. |
| Process | File a petition at the county courthouse where the conviction occurred. |
| Fees | State fee of $132, plus a possible county fee payable to the county clerk of courts. |
| Waiting period | 7 years for misdemeanor convictions, 5 years for summary convictions. |
| Sealing | The record is confidential and inaccessible to the public, but it is not removed from the system. |
| Disclosure | Individuals are not required to disclose information about sealed criminal history and may respond as if the offense did not occur. |
| Employment | Employers are immune from liability if an employee with a sealed criminal record is accused of misconduct. |
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What You'll Learn
Second and third-degree misdemeanours
The Pennsylvania Clean Slate Law allows for the sealing of criminal records, meaning they are confidential and inaccessible by the public. The law creates an easier process for individuals to limit access to their records and broadens the scope of records eligible for limited access.
The misdemeanours must be over 10 years old, and there must be no subsequent convictions punishable by imprisonment for more than one year for 10 years after the conviction. Additionally, all court-ordered restitution must be paid, and any court fines and costs associated with the case must be paid in full.
It is important to note that if an individual has four or more convictions graded as second-degree misdemeanours or higher, they may have to wait longer than 10 years. Furthermore, if there are any felonies or first-degree misdemeanours on an individual's record, none of their other misdemeanour convictions can be sealed.
The Clean Slate Law provides a second chance for individuals burdened by old and minor offences, allowing them to access employment and housing opportunities without the stigma associated with past mistakes. The law also creates immunity from liability for employers who hire individuals with sealed criminal records.
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Non-violent misdemeanours
The Pennsylvania Clean Slate Law allows individuals to petition for their criminal records to be sealed, making them confidential and inaccessible to the public. This applies to certain non-violent misdemeanours, provided that certain conditions are met.
Firstly, the individual must have served their punishment, paid any court-ordered restitution, and been free of arrests and prosecutions punishable by a year or more in prison for 10 years. The eligible list of offences includes some non-violent misdemeanours punishable by five years or less in prison.
The Clean Slate Law also reduces the waiting period for sealing a misdemeanour offence from 10 years to 7 years conviction-free. This includes most misdemeanour convictions, such as drug crimes, theft, receiving stolen property, trespass, forgery, and fraud.
Second and third-degree misdemeanours can be sealed after 10 years, provided there are no subsequent convictions punishable by imprisonment for more than a year for 10 years after the conviction. If an individual has four or more convictions graded as second-degree misdemeanours or higher, they will have to wait longer than 10 years.
It is important to note that misdemeanours do not automatically disappear in Pennsylvania, and one must petition to have their records sealed. The process can be complicated, and it is recommended to consult a lawyer to determine eligibility.
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Misdemeanours with under 2 years' imprisonment
The Pennsylvania Clean Slate Law allows individuals who have served their punishment, paid court-ordered restitution, and have been free of arrests and prosecutions punishable by a year or more in prison for 10 years to petition for limited access to their records. Misdemeanors punishable by two years or less in prison can be sealed if there are no subsequent convictions punishable by imprisonment for more than a year for 10 years after the conviction and court-ordered restitution was paid.
The list of eligible offenses includes some nonviolent qualifying misdemeanors and ungraded offenses punishable by five years or less in prison. This includes second and third-degree misdemeanors, simple assault charges, and other non-violent misdemeanors. Most misdemeanor convictions can be sealed after seven years, while summary convictions will be sealed automatically after five years.
The Clean Slate Law also creates immunity from liability for employers who employ an individual whose criminal record has been sealed. Once the Clean Slate Act goes into effect, criminal records will be automatically provided limited access, and eligible misdemeanors will become confidential and hidden from public access. This means that employers may not see a criminal record for a crime if the individual was provided limited access by the Clean Slate Act.
The Clean Slate expansion will allow many Pennsylvanians to move past their old mistakes and access employment and housing opportunities without the stigma associated with past mistakes.
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Misdemeanours with restitution paid
The Pennsylvania Clean Slate Law allows individuals who have served their punishment, paid court-ordered restitution, and have been free of arrests and prosecutions punishable by a year or more in prison for 10 years to petition for limited access to their records. This means that the criminal record still exists but is confidential and inaccessible by the public or by conventional means.
The list of eligible offenses includes some nonviolent qualifying misdemeanors and ungraded offenses punishable by five years or less in prison. This includes second- and third-degree misdemeanors, and misdemeanors punishable by two years or less in prison, if there are no subsequent convictions punishable by imprisonment for more than one year for 10 years after the conviction and court-ordered restitution was paid.
Most misdemeanors and many felony convictions can be sealed. However, violent, sexual, or gun-related first-degree misdemeanors and felonies may require a pardon to be cleared from criminal records. A pardon is a much longer process than sealing or expungement, and the chance of success is smaller.
The process to be granted limited access under the Clean Slate Law is as follows: the individual must file a petition at the county courthouse where the conviction occurred; the district attorney then has 30 days to object. If there is no objection, the petition for limited access of the record will be granted.
It is important to note that even if a record is sealed, it will still appear on an FBI background check as the FBI maintains its own records. However, employers who employ an individual whose criminal record has been sealed by the law are granted immunity from liability.
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Misdemeanours with no subsequent convictions
The Clean Slate Law in Pennsylvania allows people with minor, non-violent criminal records to get a fresh start. It does this by sealing criminal records from public view, making them confidential and inaccessible to the public. This gives people with criminal records a second chance, helping them access employment, housing, education, and other opportunities.
Under the Clean Slate Law, misdemeanours with no subsequent convictions can be sealed. This includes second- and third-degree misdemeanours, and misdemeanours punishable by two years or less in prison. However, it is important to note that if you have any felonies or first-degree misdemeanours on your record, none of your other misdemeanour convictions can be sealed. Additionally, if you have four or more second-degree misdemeanours or higher, you may be ineligible for relief under Clean Slate.
The waiting period for sealing a misdemeanour conviction has been reduced from 10 years to 7 years without a subsequent conviction. This means that if 7 years have passed since the conviction, with no subsequent convictions, individuals may be eligible to have their misdemeanour records sealed.
To have a misdemeanour record sealed, individuals must file a petition at the county courthouse where the conviction occurred. There may be a state fee of $132, as well as a possible county fee, payable to the county clerk of courts when filing the petition. The district attorney then has 30 days to object. It is important to note that each court has its own system for filing Clean Slate petitions, and it is recommended to consult a lawyer to determine eligibility.
Once a misdemeanour record is sealed, individuals are not required to disclose their criminal history and may respond as if the offence did not occur. However, in certain cases, such as federal law requirements for employers to verify and consider criminal history, applicants may be requested to disclose their offences. Additionally, sealed records will still appear on FBI background checks as the FBI maintains its own records.
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Frequently asked questions
The PA Clean Slate Law allows people with old and minor criminal records to seal their records, thereby offering a fresh start. It helps people access jobs, housing, education, and other opportunities.
Most misdemeanors can be sealed, including drug crimes, theft crimes, trespass, forgery & fraud crimes, and non-violent misdemeanors. Second and third-degree misdemeanors can be sealed after 7 years.
The requirements include having no subsequent convictions punishable by imprisonment for more than a year for 10 years after the conviction, paying court-ordered restitution, and filing a petition at the county courthouse where the conviction occurred.
The waiting period for sealing a misdemeanor conviction has been reduced to 7 years, and it can take up to 180 days for automated sealing to be complete.
