The Pennsylvania Clean Slate Law allows eligible criminal records to be automatically sealed, helping individuals with past misdemeanors or minor offenses move forward. While the law has helped many people reduce barriers to employment, housing, and education, questions remain about who qualifies, what gets sealed, and how the process works. This guide breaks down the key facts, eligibility rules, and next steps for anyone looking to clear their record in Pennsylvania.
Here’s what we do know about the record sealing opportunities under the Clean Slate Law in Pennsylvania:
- What is the Clean Slate Law/Bill in Pennsylvania?
- What is record sealing in Pennsylvania?
- What records can still be seen (even if I have a sealed record in PA under Clean Slate)?
- How can I know what’s on my PA criminal record?
- What records get cleared under the Pennsylvania Clean Slate Law?
- What’s the process for sealing my criminal record in PA under Clean Slate?
- Do I need to disclosed my convictions if my records have been sealed in PA under Clean Slate?
- What are my next steps?
What is the Clean Slate Law in PA?
Pennsylvania Governor Wolf signed the “Clean Slate” Bill on June 28, 2018. Clean Slate allows minor, non-violent cases to be automatically sealed from public records after time has passed without a felony conviction or misdemeanor conviction. This helps people move forward without old records showing up on background checks.
As of Clean Slate 3.0 (Act 36 of 2023), even some low-level felony drug and property crimes can now be sealed after 10 years. Clean Slate 3.0 took effect on February 12, 2024, and automatic sealing under the new rules began June 11, 2024. It also shortened the wait for most misdemeanors from 10 years to 7, and for summary offenses from 10 years to 5.
Clean Slate sealing is not the same as expungement, so it helps to understand Pennsylvania expungement eligibility before deciding which option fits your record.
What does it mean to have a record sealed in Pennsylvania?
To have a record sealed in Pennsylvania is to have the record closed from view by the general public. However, this does not mean that the record is completely beyond the reach of certain interested parties (keep reading below).
What records can still be seen, even if a record is sealed?
Unlike expungements in Pennsylvania (or pardons), sealed records are not removed from the system. To be clear, under Clean Slate in Pennsylvania, criminal history records will not be destroyed or expunged.
Who Will Still Have Access to Sealed Records in PA?
- Potential Employers who submit requests for an FBI background check
- Employers who are otherwise required to review criminal records under federal law
- Law enforcement agencies (such as the police, District Attorneys, courts, another government agency etc)
- Licensing agencies
- Prosecutors
In fact, a sealed record can still be used against you by the Commonwealth in the event you are charged with another crime.
Who Will Not Have Access to Sealed Records (Generally):
- Most employers (other than those listed above)
- Landlords
- Schools
How do you know what’s on your criminal history record in PA?
The most important thing is to know exactly what is on your record! If you are unsure what is on your record or whether it qualifies, you can check your history or speak with a record-sealing attorney in Pennsylvania. Start by checking your record here (there’s two types). (We’ll run your record and tell you what can be cleared, and when.)
PA Governor Signing Clean Slate Bill into Law
Eligibility for Record Sealing
What types of convictions are eligible for record sealing in PA under the new Clean Slate Law?
- Primarily second- and third-degree misdemeanors
- Some first-degree misdemeanors
Additional Eligibility Requirements:
- Waiting periods, counted with no new misdemeanor or felony conviction:
- Misdemeanors: 7 years
- Eligible felonies: 10 years
- Summary offenses: 5 years
- All restitution on the case has been paid. Unpaid fines and court costs no longer block sealing.
There are some additional eligibility requirements in the law itself (Clean Slate eligibility is complicated – we recommend you talk to a record expungement attorney in PA.
What convictions are not eligible for record sealing in PA under the new Clean Slate Law?
Although most violent and sexual offenses are rightfully exempt from Clean Slate, there are other caveats in the law that can prevent you from having your records sealed:
- You are not eligible if you have two or more cases with a first-degree misdemeanor or felony conviction in the last 10 years. A felony conviction that is not a qualifying drug felony will usually keep a record from being sealed automatically, though you may still be able to seal eligible convictions by petition.
- You are also not eligible if you have four or more cases with convictions graded as second-degree misdemeanors or higher in the last 15 years, even if each conviction would qualify on its own.
Make sure to carefully check the additional eligibility requirements in the law itself (or talk to an experienced record sealing attorney in PA).
Will ARD records be sealed under Clean Slate?
The new law seems to suggest that even ARDs (which is probation without conviction on a DUI charge) would be sealed, even though it is completely expungable.
Do Misdemeanors Go Away in PA?
Misdemeanors do not go away on their own in PA, but it is possible to expunge your record.
PA Governor Announcing the Clean Slate Law Taking Effect in 2019
Process for Criminal Record Sealing in PA (under Clean Slate)
If your record is not sealed automatically, you may still qualify by filing a petition for limited access with the court. A petition is the route for first-degree misdemeanors and for eligible property felonies such as theft, forgery, criminal trespass and criminal mischief. The petitions must be filed in the local courts where the conviction occurred. Restitution must be paid in full before a case can be sealed. Other court debt, such as fines and costs, does not have to be paid first.
Qualifying convictions are now sealed automatically for people who meet the criteria below. You do not have to file anything for automatic sealing.
- Arrests without convictions
- Summary convictions after 5 years
- Smaller misdemeanor convictions after 10 years
- …and others (check with an experienced record sealing expungement attorney)
Automatic sealing is done by computer through the courts and the Pennsylvania State Police, at no cost to you.
Do I need to disclose my convictions under Clean Slate sealed records?
No. Under Pennsylvania law, records sealed under Clean Slate are not considered “convictions,” in the conventional sense. Although law enforcement, prosecutors, and certain interested parties can view the records (see above), unless the information is requested by a criminal justice entity or is required under federal law, you may respond as if the sealed conviction doesn’t exist.
What do I do now?
As previously mentioned, in order for your Clean Slate petition to be considered, you must file it in the court where the case was heard. It’s important to know that each court has its own system for filing Clean Slate petitions, and each may have a different fee associated with the filing.
An experienced record-sealing expungement attorney like Mark F. Walmer, who specializes in pardons and expungements, can help make sure your petition gets the attention it deserves and your rights under the law are protected. Contact him today, to give yourself the second chance you deserve with an expungement lawyer.
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Pennsylvania’s Clean Slate Law FAQ
- What convictions are eligible for record sealing in PA?
- What convictions are not eligible for record sealing in PA under the Clean Slate Law?
- How long does a misdemeanor stay on your record?
- Who has access to sealed records?
- Can a sealed record be used against you?
- Do misdemeanors show up on background checks?
- Who has access to sealed records?
What convictions are eligible for record sealing in PA?
As of right now, primarily second and third-degree misdemeanors are eligible. Some first-degree misdemeanors are also eligible as well. There are additional eligibility requirements, such as convictions having to be more than 10 years old and all court costs and fines have to have been paid. Record sealing eligibility can be complicated, so for further information on specifics, contact a record sealing attorney to check your eligibility today.
What convictions are not eligible for record sealing in PA under the Clean Slate Law?
The only way a felony or misdemeanor conviction can be expunged from your record is by receiving a pardon from the Governor. Without a pardon the court can’t clear such convictions unless you’re more than 70 years old and can meet other conditions.
Learn more about felony and misdemeanor conviction expungements
How long does a misdemeanor stay on your record?
A misdemeanor does not disappear on its own, but most misdemeanors become eligible for sealing after 7 years without a new misdemeanor or felony conviction. Many are sealed automatically at that point, as long as restitution on the case is paid. The Clean Slate Law will seal some misdemeanor convictions automatically. See if you are eligible by clicking here.
Who has access to sealed records?
Having a record sealed means that the record is closed from the view of the general public. Your criminal record, however, can be accessed by:
- Potential Employers who submit requests for an FBI background check
- Employers who are otherwise required to review criminal records under federal law
- Law enforcement agencies (such as the police, District Attorneys, courts, another government agency etc)
- Licensing agencies
- Prosecutors
If you want to have your record removed from the system, you will want to look into an expungement of your criminal record.
Can a sealed record be used against you?
In the event that you are charged with another crime, a sealed record can be used against you by the Commonwealth.
How do you know what’s on your criminal record?
If you are unsure what is on your PA criminal record or want to double check, you first need to know that there are two types. Your “Basic” Criminal History report can be viewed here and the Full Access and Review Criminal History (FAR) (which shows convictions, non-convictions, juvenile records, and more) is available to you or your attorney but must be ordered. An FAR is required for a pardon application. To best understand this process, you should speak with a record expungement attorney.
Do misdemeanors show up on background checks?
Misdemeanors can show up on background checks, depending on the type of check done. To figure out if your misdemeanor would show, talk to a record sealing attorney today.
Can a felony be sealed under the Clean Slate Law in Pennsylvania?
Yes, in some cases. Under Clean Slate 3.0 (Act 36 of 2023), many felony drug convictions are sealed automatically after 10 years with no new misdemeanor or felony conviction, unless the sentence was a minimum of 30 months or more (or a maximum of 60 months or more). Certain property felonies, such as theft, forgery and criminal trespass, can be sealed after 10 years by filing a petition. Restitution must be paid; unpaid fines and costs do not block sealing.
