Pennsylvania Expungement & Record Sealing Guide

Who Qualifies for Expungement in Pennsylvania?

Pennsylvania's Clean Slate laws create two paths: automatic sealing (no action needed) and petition-based sealing for cases that require a court order. Expungement is very limited in Pennsylvania.

Automatic Sealing (Clean Slate)

The Pennsylvania court system automatically seals qualifying records. You are eligible if:

• Summary conviction: 5 years have passed with no criminal charges pending (automatic since June 2024)
• Misdemeanor conviction (M1, M2, M3): 7 years have passed since conviction with no misdemeanor or felony convictions in those 7 years (reduced from 10 years under Clean Slate 3.0)

Misdemeanors eligible for automatic sealing include: DUI, simple assault, recklessly endangering another person, disorderly conduct, resisting arrest, harassment, terroristic threats, possession of an instrument of a crime, prostitution, and more.

Petition-Based Sealing (for Some Felonies — Clean Slate 3.0)

Certain low-level felony convictions may now be sealed by petition after 10 years:

• Drug offenses with shorter sentences (e.g., possession with intent, delivery of small amounts)
• Theft and retail theft, receiving stolen property
• Trespass, forgery, fraud (access device fraud, bad checks, ID theft, welfare fraud)
• Criminal mischief
• Conspiracy to commit an eligible crime
• No misdemeanor or felony convictions in the past 10 years required

Expungement (Very Limited)

True expungement in Pennsylvania is narrow:

• Non-conviction charges (dismissed, withdrawn, not guilty) — automatic expungement
• Accelerated Rehabilitative Disposition (ARD) completions — eligible after program completion
• Summary convictions — eligible after 5 years with no arrests
• Misdemeanor and felony convictions cannot be expunged unless you are age 70+ or have received a governor's pardon
• Clean Slate 3.0 added: pardoned offenses are now eligible for automatic expungement

Step-by-Step: How to Clear Your Record in Pennsylvania

Automatic Sealing

No action required. Pennsylvania's court system processes eligible records automatically. Summary convictions started sealing automatically in June 2024. Misdemeanor sealing runs on a rolling basis. Check your record via a PA criminal history report to confirm sealing.

Petition-Based Sealing (Felonies under Clean Slate 3.0)

1. Obtain your criminal history — Request your PA State Police criminal history report (PATCH system, ~$22) to confirm offense types and conviction dates.
2. Confirm eligibility — Verify the offense is on the eligible list and that 10 years have passed conviction-free.
3. File a petition — File in the Court of Common Pleas in the county of conviction. Include documentation of conviction, date, sentence completion, and lack of subsequent convictions.
4. Court review — The court reviews the petition and may schedule a hearing. The District Attorney's office is notified and may object.
5. Order issued — If granted, the court orders the record sealed. Employers and landlords conducting most background checks will no longer see it.

Expungement (ARD / Non-Convictions)

1. File a petition in the Court of Common Pleas where the case was heard
2. Attach documentation of ARD completion or dismissal
3. Serve the District Attorney's office
4. Court issues order — typically straightforward for ARD completions

Waiting Periods

• Non-conviction charges: Immediate after final disposition
• ARD completion: Eligible upon completion
• Summary convictions: 5 years after conviction with no pending charges (automatic since June 2024)
• Misdemeanor convictions: 7 years after conviction with no new misdemeanor/felony convictions (reduced from 10 under Clean Slate 3.0, effective Feb 2024)
• Eligible felony convictions: 10 years after conviction with no new misdemeanor/felony convictions

Costs

• Automatic sealing: Free
• PA State Police PATCH record request: ~$22
• Court filing fee (petition-based): $75–$200 (varies by county)
• Attorney fees: $500–$2,000 for expungements; $1,000–$3,000 for petition-based sealing

Pennsylvania Legal Aid organizations offer free assistance to low-income residents. Contact PALawHelp.org or your county's Legal Aid office to find free expungement clinics.

What Record Clearing Does (and Doesn't) Do in Pennsylvania

After a successful expungement or sealing in Pennsylvania, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Pennsylvania for advice specific to your situation.