Cleaning Your Criminal Record

An expungement is the complete removal of arrests or convictions from your criminal record, effectively treating the charges as if they never existed. In Pennsylvania, expungement is primarily available for:

• Non-conviction records: If you were arrested but the charges were dropped, dismissed, or you were found not guilty, these records can be expunged. This also applies if you successfully completed a diversionary program like Accelerated Rehabilitative Disposition (ARD).
• Summary convictions: Convictions for summary offenses, which are minor crimes, may be expunged if you have remained free of arrest and prosecution for five years following the conviction and have paid all fines and costs.
• Individuals age 70 years or older: If you are 70 years of age or older and have been free from arrest or prosecution for ten years since the completion of your sentence, you can petition to have your record expunged.
• Pardoned convictions:A pardon from the Governor of Pennsylvania makes a conviction eligible for expungement. For most misdemeanor and felony convictions, a pardon is the only path to having the record completely erased.

Clean Slate Limited Access (CSLA) automatically seals records from public view and limits access to criminal history information to criminal justice agencies (with a few exceptions). Courts must generate CSLA orders automatically for eligible CSLA records. 

As of recent updates, known as “Clean Slate 3.0,” the eligibility for automatic sealing has been expanded:

• Summary Convictions: These are automatically sealed after 5 years have passed without a subsequent criminal conviction.
• Misdemeanor Convictions: Certain misdemeanor convictions can be automatically sealed after 7 years without any new misdemeanor or felony convictions. This includes some offenses like driving under the influence (DUI), simple assault, and retail theft.
• Low-Level Felony Convictions: Certain non-violent felony convictions, particularly some drug and property-related offenses, may be eligible for automatic sealing after a 10-year period free of any further misdemeanor or felony convictions. The automated sealing for the backlog of these eligible felony cases is anticipated to be completed in early 2025.

It is important to note that all court-ordered financial obligations, such as restitution, fines, and costs, must be paid in full for a record to be sealed.

For convictions that are not eligible for automatic sealing under Clean Slate, you may still be able to have your record sealed by filing a “Petition for Limited Access” with the court. This process allows a judge to order that a criminal record be shielded from public view.

Eligibility for a limited access petition generally includes:

• Misdemeanors: Most misdemeanors that are not automatically sealed can be petitioned for limited access after a period of 10 years without a new conviction.
• Certain Felonies: “Clean Slate 3.0” has expanded the types of non-violent felonies, such as some theft and forgery offenses, that can be sealed through a petition after 10 years without a subsequent conviction, provided all restitution has been paid.

Certain crimes are generally not eligible to be sealed in Pennsylvania. These often include:

• Felonies of the first degree
• Most violent offenses
• Firearm offenses
• Offenses that require registration as a sex offender