Options for clearing your criminal record in Pennsylvania
Expungement
EXPUNGEMENT is the complete destruction of a criminal record. Expungement is available for:
Non-conviction dispositions (charges were dismissed, withdrawn, nolle prossed, not guilty, etc.)
ARD/Section 17 if you have completed all of the requirements
Summary convictions if you have five subsequent years free from arrest
Summary convictions if you were under 18 at the time of the offense, are now over 18, AND six months have passed since you completed the sentence and paid the fine
Misdemeanor and felony convictions if you are 70+ years old and have a ten-year arrest free period since the end of your sentence (including probation or parole)
If acquitted on all charges, expungement is automatic.
Limited access (record-sealing, or Clean Slate)
Summary convictions will be sealed automatically after 5 years, starting in June 2024.
Starting Feb. 12, 2024, more Pennsylvania residents with criminal records will have more chances for a fresh start. The new Clean Slate 3.0 law expanded record-sealing, and shortenend the timeframe.
What does record-sealing mean?
Sealed records do not need to be disclosed, unless required by federal law.
A sealed record cannot be seen on most background checks.
A sealed record cannot be seen on most background checks.
If a conviction is not sealed automatically, a petition must be filed in court. Legal Aid of Southeastern PA may be able to help low-income residents of Bucks, Chester, Delaware and Montgomery counties with this process.
Low-level felony convictions which may be sealed after 10 years:
Many drug crimes with shorter sentences
Theft, including retail theft and receiving stolen property
Trespass
Forgery & fraud, including access/device fraud, bad checks, ID theft & welfare fraud
Criminal mischief
Conspiracy to commit an eligible crime
Misdemeanor convictions which may be sealed after 7 years:
Recklessly endangering another person
Simple assault
Driving under the influence (DUI)
Disorderly conduct
Resisting arrest
Harassment
Terroristic threats
Possession of an instrument of a crime
Prostitution
Summary convictions will be sealed automatically after 5 years, starting in June 2024.
Pardon
A PARDON is an act by the governor of Pennsylvania that allows a conviction to be erased from your criminal record.
In Pennsylvania, a pardon is generally the only way that felony and misdemeanor convictions can be expunged, although some felony and misdemeanor convictions may be eligible to be sealed.
Although it is difficult to get a pardon, you might consider applying for one if you are are considering working outside of Pennsylvania, renewing or applying for an imigration status or are in a field subject to federal requirements about criminal records.
If you are successful, your criminal record will be automatically expunged!
LASP’s Pardon webpage include more information and a Pardon Guide.
Record-clearing options (2-page LASP flyer, shown above: read, print, download)
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