Pennsylvania’s Clean Slate Law: Can an Old Criminal Record Be Sealed?

By Jonathan Young

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 resource provided with this article.

Mid‑Year Employment Law Check‑In: Key Updates + What’s New in PA

By Jonathan Young

As we approach the halfway point of 2025, the employment law landscape continues to shift rapidly—at both the federal level and across key states, including Pennsylvania. Below is a comprehensive overview of some of the most significant developments employers should be tracking now.

FEDERAL UPDATES

1. White‑Collar Overtime Rule Put on Hold

A federal court recently blocked the U.S. Department of Labor’s planned increase to the salary threshold for overtime-exempt employees.

• The increases to $844/week (July 2024) and $1,128/week (January 2025) are no longer moving forward.

• For now, the 2019 threshold of $684 per week ($35,568 per year) still applies.

Employers should double-check any employee classifications made based on the expected changes.

2. Executive Orders Targeting DEI & Disparate Impact

Two recent executive orders signed in early 2025 are reshaping federal civil rights enforcement:

• EO 14151 (January 20, 2025) rescinds federal DE&I initiatives, including agency-level diversity mandates and hiring targets.

• EO 14173 limits the government’s ability to challenge workplace policies that appear neutral but unfairly impact protected groups.

3. Federal Workforce Reclassification and Union Rights

• The administration is reintroducing a reclassification of certain federal employees into a new “Schedule Policy/Career” (formerly Schedule F), effectively converting many roles to at-will status.

• In March 2025, unionization rights were revoked for approximately 67% of federal workers, eliminating their collective bargaining power.

4. Rollbacks on Transgender and LGBTQ Protections

The current Equal Employment Opportunity Commission leadership has:

• Halted enforcement of gender identity-related discrimination claims,

• Removed nonbinary/X-gender options from federal employment forms, and

• Rescinded prior guidance promoting inclusive workplace practices.

These changes raise compliance concerns, especially for federal contractors and employers in states without clear LGBTQ protections.

KEY PENNSYLVANIA DEVELOPMENTS

1. Healthcare Noncompete Ban Now in Effect

Effective January 1, 2025, Pennsylvania’s Fair Contracting for Health Care Practitioners Act prohibits most noncompete agreements for:

• Physicians, osteopaths, nurse practitioners, physician assistants, and certified registered nurse anesthetists (CRNAs).

• Any agreement that restricts practice beyond one year or includes broad patient non-solicitation provisions is now void unless the provider resigns voluntarily.

• Additionally, employers must notify affected patients within 90 days of a provider’s departure.

2. Workers’ Compensation: Direct Deposit Now Required

Under Senate Bill 1232, insurers and employers are now required to offer direct deposit for workers’ compensation benefits. This change modernizes payment processes and reduces delays for injured workers.

3. New Rules on Minors’ Employment

Pennsylvania’s Department of Labor and Industry has ramped up enforcement of child labor laws. Key reminders:

• Workers aged 14–17 must receive a 30-minute break after five consecutive hours of work.

• Limits apply to hours worked during school terms and vacations.

• Employers must maintain proper permits and limit duties to tasks that are age-appropriate.

4. Pending Legislation to Watch

• A proposed House Bill would introduce a Pennsylvania-specific WARN Act, requiring 90-day notice of mass layoffs or closures that affect 30 or more employees or 33% of the workforce.

• A new Senate Bill proposes mandatory severance pay for affected workers in qualifying layoffs.

While neither has passed as of June 2025, employers should prepare for potential compliance shifts later this year.

TAKEAWAYS FOR PENNSYLVANIA EMPLOYERS

• Audit restrictive covenants in healthcare employment agreements to ensure compliance with the new noncompete ban.

• Review payroll procedures for workers’ comp claims to ensure direct deposit capability.

• Double-check child labor documentation if you plan to hire minors this summer.

• Monitor the progress of the proposed House and Senate Bills and assess their potential impacts on workforce planning.

This mid-year check-in is a reminder that employment law is dynamic and increasingly state-specific. If you operate in multiple jurisdictions or have questions about how these developments apply to your workforce, we recommend scheduling a compliance review or policy audit.

Our Employment Law Team is here to help you navigate these changes and stay ahead of what’s next. Contact us at 215.362.2474 or email Jon Young to get started.

Summer Property Do’s and Don’ts: Avoiding the Most Frequent Violations

By Eric Wert

With longer days and warmer weather, summer is the perfect time for yard work, home improvements, and outdoor living. However, it’s also a season when many homeowners unintentionally violate local ordinances. Municipalities often experience a spike in code violations this time of year, ranging from uncut grass to unpermitted backyard structures.

Fortunately, a little knowledge goes a long way. By staying aware of standard requirements, you can avoid costly citations—and keep your property looking great.

Here are five of the most common summer code violations and how you can stay on the right side of local rules:

1. Overgrown Lawns & Weeds

Local ordinances typically require property owners to maintain grass and weeds at a height below a specific level. In many communities, vegetation over 10 inches is considered a violation. Others have limitations slightly longer or shorter.  If you live in a HOA, they may have additional restrictions that are more restrictive than your municipality.  Tall grass isn’t just unsightly; it can attract rodents and create fire hazards.

Tip: Mow regularly and edge near sidewalks, curbs, and fences to maintain a neat appearance. Be sure to trim along the sides of houses, sheds, and garage foundations—areas often missed and easily flagged. If you’re heading out of town, arrange for someone to maintain your yard in your absence.

2. Improper Trash & Yard Waste Disposal

Trash day confusion can lead to scattered bins, early curbside piles, and illegal dumping. Municipal codes often specify when containers may be placed at the curb—often no more than 12 to 24 hours before collection—and where they must be stored between pickups (often out of public view).

Improper disposal of grass clippings, leaves, and branches is also a frequent issue in summer. Yard waste left loose or in plastic bags may be ignored by waste haulers—and can result in citations.

Tip: Review your town’s pickup schedule and sorting rules. Use biodegradable yard waste bags if required. When in doubt about large item disposal or electronics recycling, check your township’s website or call the public works department.

3. Unpermitted Outdoor Projects

Building a deck, adding a fence, or a backyard shed might seem like minor updates—but most municipalities require permits for even modest structures, especially when attached to the home, or close to a property line.

Installing features like patios, pergolas, or permanent fire pits may require zoning review or inspections to ensure compliance with setback rules and stormwater management regulations.

Tip: Always contact your borough or township zoning officer before starting a project—even for portable structures. Getting approval upfront can save you from costly corrections or penalties later.

4. Vehicle & RV Parking Violations

During summer months, driveways often fill with extra vehicles, trailers, and recreational equipment—but there are rules. Many municipalities prohibit parking on grass or unpaved surfaces, as well as leaving inoperable vehicles in plain view.

Parking oversized vehicles or RVs on public streets for extended periods may violate local codes or HOA regulations. Some communities also limit the length of time trailers or boats may be stored in front yards or driveways.

Tip: Store vehicles on paved surfaces only and ensure they are registered, inspected, and in good working order. If you plan to host out-of-town guests or keep a camper on-site, check with your township or borough to determine the time limits and storage options available.

5. Open Burning & Fire Pit Rules

Fire pits, chimineas, and outdoor fireplaces are summer favorites—but misusing them can lead to fire code violations or neighbor complaints. Many municipalities prohibit the open burning of trash, yard debris, or construction materials entirely.

Some towns allow contained recreational fires with specific restrictions—such as requiring a screen cover, maintaining a minimum distance of 15 to 25 feet from structures, and never leaving fires unattended.

Tip: Use only dry, seasoned wood and keep a water source nearby. Always check your municipality’s burning ordinances, especially during dry or high-wind periods when bans may be in place.

Final Reminder: When in Doubt, Ask

Local ordinances can vary significantly between municipalities. If you’re ever unsure whether a project requires a permit or a particular activity violates the code, it’s always better to ask first. Municipal staff are usually happy to help and can point you in the right direction. Here are some local links for reference that may be helpful:

• Lansdale Borough: https://lansdale.org

• North Wales Borough: https://northwalesborough.org

• Towamencin Township: https://www.towamencin.org

• Hatfield Township: https://www.hatfield.org

At Dischell Bartle Dooley, we regularly counsel homeowners regarding local zoning, permitting, and property development matters. Whether you're planning a home improvement project or facing a code enforcement issue, our team combines legal experience with strong working relationships across local municipalities to help you navigate the process. Please email Eric Wert directly or call (215) 362-2474 to discuss how we can help you.

Why You Should Consider a Prenuptial Agreement—Regardless of Wealth

by Elizabeth Billies

Prenuptial agreements are no longer exclusive to the ultra-wealthy or celebrities. Today, more couples from all walks of life are choosing to have honest conversations about finances and expectations before saying "I do." In fact, recent data indicates that prenuptial agreements are on the rise, particularly among younger generations.

Why Are More Couples Opting for Prenups?

A prenuptial agreement can provide clarity and peace of mind by setting expectations around assets, debts, and property division. For those entering into a second marriage, bringing children into the relationship, or owning a business, a prenup can help protect their interests and avoid future disputes.

The Importance of Properly Drafted Agreements

However, it's important to note that not all prenuptial agreements are created equal. A poorly drafted or improperly executed prenup can be rendered unenforceable in court. Common pitfalls include vague language, lack of full financial disclosure, or signing without the guidance of legal counsel. Signing off on a prenup without an attorney can be a serious mistake that may not hold up if challenged.

Considering a Postnuptial Agreement?

If you're already married, a postnuptial agreement can serve a similar purpose, clarifying how assets and debts will be handled in the event of separation or divorce.

At Dischell Bartle Dooley, our experienced family law attorneys are here to help guide you through the process with compassion and clarity. To learn more about prenuptial or postnuptial agreements, call us at 215-362-2474 or send us a message.

Let us help you prepare for your future—together.