Pennsylvania’s Clean Slate Law: Can an Old Criminal Record Be Sealed?
A criminal conviction can continue to affect employment, housing, education, and other opportunities long after a person has completed their sentence. But for some Pennsylvanians, an old conviction may no longer have to remain publicly visible.
Pennsylvania’s Clean Slate Law allows certain criminal records to be sealed from public view. Recent changes expanded the law to cover additional offenses, including certain non-violent felonies and some felony drug convictions.
What Does It Mean to Have a Record Sealed?
When a record is sealed under Clean Slate, it is generally no longer available to the public. Subject to certain exceptions, a person cannot be required to disclose a sealed conviction and may respond to questions about their criminal record as though the sealed offense did not occur.
This can make an important difference when seeking employment, housing, or educational opportunities.
However, sealing is not the same as expungement. A sealed record still exists and remains accessible to law enforcement and for certain other purposes. Expungement is a separate process that eliminates the record.
Who May Qualify for Clean Slate?
Eligibility depends on several factors, including the type and grading of the offense, a person’s criminal history, and how much time has passed without a new conviction.
Under the expanded law, examples of potentially eligible records include certain:
Summary offenses after five years;
Second- and third-degree misdemeanors after seven years;
First-degree misdemeanors after seven years through a petition;
Third-degree felonies after 10 years through a petition; and
Felony drug convictions after 10 years, depending on the circumstances.
Some eligible records are sealed automatically, while others require filing a petition with the court.
Could an Old Felony Drug Conviction Be Sealed?
This is one of the most significant changes to Pennsylvania’s Clean Slate law.
Act 36 expanded Clean Slate to include certain non-violent felonies, including some felony drug convictions. For qualifying felony drug convictions, the applicable waiting period is generally 10 years.
That means someone who was convicted of a drug felony years ago and has since moved forward with their life may have a record-clearing option that was not previously available.
Eligibility is not automatic simply because 10 years have passed, however. The specific conviction and the person’s criminal history need to be reviewed to determine whether Clean Slate applies and whether a petition is necessary.
Is It Worth Reviewing an Old Criminal Record?
If an old Pennsylvania conviction continues to appear on background checks or creates obstacles to employment, housing, or education, it may be worth determining whether the record is eligible for Clean Slate protection.
The changes to Pennsylvania law have expanded the number of people who may qualify, including some individuals with felony convictions who may have assumed there was nothing they could do about their records.
Our attorneys can review your criminal record, determine whether you may qualify for Clean Slate relief, and, when necessary, assist with filing a petition to have an eligible record sealed.
For additional general information about Pennsylvania Clean Slate eligibility, readers may also consult the Clean Slate: Criminal Record Sealing in PA handout.