Pennsylvania’s Clean Slate Law automatically seals certain criminal records after specified waiting periods, allowing individuals with qualifying misdemeanors and felonies to have convictions hidden from public background checks without filing petitions. The law automatically seals summary offenses after 5 years, misdemeanor convictions with sentences under 2 years after 10 years, and second- and third-degree felonies with sentences under 7 years after 10 years—provided individuals have remained conviction-free during waiting periods and paid all fines and restitution. Automatic sealing means eligible records disappear from public databases, employment background checks, and housing applications without requiring attorney filings or court appearances. DiDonato & Burke Law Firm’s former prosecutor Thomas F. Burke help clients understand Clean Slate eligibility, expedite sealing through traditional expungement petitions when faster relief is needed, and navigate Philadelphia court procedures to clear criminal records and restore opportunities for employment, housing, and professional licensing throughout Eastern Pennsylvania.
Table of Contents
- What Is Pennsylvania’s Clean Slate Law?
- What Records Automatically Seal Under Clean Slate?
- Clean Slate Waiting Periods and Requirements
- Records Excluded from Clean Slate
- Traditional Expungement vs Automatic Sealing
- How to Check If Your Record Qualifies
- Philadelphia and Pennsylvania Legal Considerations
- Frequently Asked Questions
- Expert Tips from Former Prosecutors
- Talk to a Criminal Defense Attorney in Philadelphia
What Is Pennsylvania’s Clean Slate Law?
Pennsylvania’s Clean Slate Law, officially Act 56 of 2018 (amended by Act 83 of 2020), represents groundbreaking legislation that automatically seals certain criminal records after specified waiting periods without requiring individuals to file petitions or appear in court. This makes Pennsylvania a national leader in automated record relief.
Automatic Sealing vs Traditional Expungement Clean Slate differs fundamentally from traditional expungement. Traditional expungement requires filing petitions with courts, serving prosecutors, attending hearings, and obtaining court orders before records are cleared—a process requiring time, legal knowledge, and often attorney assistance.
Clean Slate operates automatically—Pennsylvania State Police and Administrative Office of Pennsylvania Courts identify eligible records through database analysis and seal them without individual action. Eligible individuals wake up one day to find their records sealed without filing anything.
Former Philadelphia prosecutor Thomas F. Burke explains that Clean Slate removes barriers that prevented many people from clearing records despite eligibility. Filing requirements, attorney costs, and procedural complexity meant thousands of eligible Pennsylvanians never pursued expungement. Clean Slate solves this by automating the process.
What “Sealing” Means Sealed records remain in criminal justice databases accessible to law enforcement, courts, and certain government agencies, but are hidden from public access. Sealed records don’t appear in commercial background checks used by employers and landlords, public court records searches, or Pennsylvania Access to Criminal History (PATCH) background checks.
Sealing differs from expungement (which destroys records entirely) and pardons (which forgive crimes but don’t remove records). Sealed records continue to exist but are invisible to most background checkers.
Legislative Purpose Pennsylvania enacted Clean Slate recognizing that criminal records create permanent barriers to employment, housing, education, and economic stability—often for minor offenses committed years or decades ago. Studies showed that automatic sealing would benefit hundreds of thousands of Pennsylvanians while improving public safety by facilitating successful reintegration.
The law reflects understanding that punishment shouldn’t be perpetual, and individuals who’ve remained crime-free for years deserve opportunities to rebuild lives without criminal record stigma.
Who Benefits from Clean Slate Clean Slate benefits individuals with summary offenses (minor violations like disorderly conduct, retail theft under $150), certain misdemeanor convictions with limited sentences, qualifying second- and third-degree felony convictions, and arrests that didn’t result in convictions.
Implementation Timeline Clean Slate implementation occurred in phases: June 2019 for summary offenses and charges not resulting in convictions, December 2019 for expanded summary offense categories, and June 2020 for misdemeanor and felony convictions meeting requirements.
By 2026, Clean Slate has been operating for years, meaning many eligible records from the 2010s have already been sealed, with additional records qualifying as waiting periods expire.
How Records Are Identified for Sealing Pennsylvania State Police maintain criminal history databases that track convictions, sentences, fines, and restitution. Automated systems identify records meeting Clean Slate criteria by analyzing conviction dates, sentence lengths, subsequent criminal activity, and financial obligation satisfaction.
When records qualify, they’re automatically flagged for sealing and removed from public access databases. This occurs quarterly as new records age into eligibility.
Limitations of Clean Slate Clean Slate doesn’t seal all records—serious offenses including first-degree felonies, murder, sex offenses requiring registration, and crimes involving minors remain permanently public. Additionally, records with unpaid fines or restitution don’t seal until obligations are satisfied.
Understanding Clean Slate’s scope helps individuals determine whether their records qualify for automatic sealing or require traditional expungement petitions.
What Records Automatically Seal Under Clean Slate?
Pennsylvania’s Clean Slate Law automatically seals specific categories of criminal records based on offense severity, sentence length, and time elapsed since conviction. Understanding these categories helps individuals determine eligibility.
Summary Offenses Sealed After 5 Years Summary offenses—Pennsylvania’s least serious criminal violations punishable by maximum 90 days imprisonment and $300 fines—automatically seal 5 years after conviction if individuals have no subsequent convictions.
Common summary offenses that seal include disorderly conduct, criminal mischief under $500, harassment, retail theft under $150 (first offense), public drunkenness, loitering, and minor traffic violations elevated to criminal status.
The 5-year clock begins on conviction date (or release from confinement if imprisonment was imposed). During these 5 years, individuals must remain conviction-free—any new conviction (summary, misdemeanor, or felony) restarts the waiting period.
Former prosecutor Thomas F. Burke notes that summary offense sealing benefits thousands of Philadelphians arrested for minor quality-of-life offenses that historically prevented employment despite their insignificance.
Misdemeanor Convictions Sealed After 10 Years Qualifying misdemeanor convictions automatically seal 10 years after conviction or release from confinement (whichever is later) if multiple conditions are met: maximum sentence imposed was 2 years or less, all fines, costs, and restitution were paid, and no convictions occurred during the 10-year waiting period.
Pennsylvania misdemeanors range from third-degree (maximum 1 year) to first-degree (maximum 5 years). Only misdemeanors with sentences of 2 years or less qualify for Clean Slate—meaning most third-degree and many second-degree misdemeanor convictions qualify, while first-degree misdemeanors often don’t.
Common qualifying misdemeanors include simple assault (third-degree misdemeanor), retail theft (first or second offense), possession of small amounts of marijuana (before decriminalization), criminal trespass, and DUI first offense (when sentenced to less than 2 years).
Second and Third-Degree Felony Convictions Sealed After 10 Years Act 83 of 2020 expanded Clean Slate to include certain felony convictions—a groundbreaking provision making Pennsylvania one of few states sealing felonies automatically. Qualifying felonies must be second-degree (maximum 10 years) or third-degree (maximum 7 years), sentences imposed must have been less than 7 years total confinement, conviction must be at least 10 years old, all fines and restitution must be paid, and no subsequent convictions can have occurred.
This expansion benefits individuals with non-violent felony convictions like drug possession felonies, theft felonies, fraud offenses, and other crimes that, while serious, don’t involve violence or exploitation.
Charges Not Resulting in Convictions Clean Slate automatically seals arrest records where charges were dismissed, withdrawn, or resulted in not guilty verdicts. These non-conviction records seal 60 days after final disposition if no active criminal charges are pending.
This provision recognizes that arrests alone shouldn’t create permanent stigma when prosecutions didn’t result in convictions. Many Philadelphians have arrest records from charges that were dropped, yet these records appeared in background checks for years.
ARD and Other Diversion Programs Successful completion of Accelerated Rehabilitative Disposition (ARD) and similar diversion programs makes underlying charges eligible for automatic sealing once program completion occurs and waiting periods (if any) expire.
ARD is particularly common in Pennsylvania DUI cases. First-time DUI defendants who complete ARD can have records sealed automatically, removing significant employment barriers.
Juvenile Delinquency Adjudications Juvenile records in Pennsylvania have separate sealing provisions, generally more generous than adult Clean Slate provisions. Most juvenile adjudications seal automatically upon turning 18 or after specified periods, with exceptions for serious offenses.
Multiple Conviction Considerations Individuals with multiple convictions face complexity. Each conviction must independently qualify for sealing. If one conviction doesn’t qualify (too serious, insufficient time elapsed, unpaid obligations), it remains public even if other convictions seal.
Additionally, waiting periods examine conviction-free periods—any new conviction during waiting periods restarts clocks for all prior qualifying convictions.
Financial Obligation Requirements Critical to Clean Slate is financial obligation satisfaction. Fines, costs, and restitution must be paid in full before records seal. This requirement creates barriers for individuals with outstanding court debt, though payment plans can satisfy obligations over time.
Understanding what automatically seals helps individuals determine whether they’ll benefit from Clean Slate or need to pursue traditional expungement for excluded records.
Clean Slate Waiting Periods and Requirements
Pennsylvania’s Clean Slate Law imposes specific waiting periods and conditions that must be satisfied before records automatically seal. Understanding these requirements helps individuals anticipate when relief occurs.
5-Year Waiting Period for Summary Offenses Summary offense sealing requires 5 years from conviction date (or release from confinement if incarcerated) with no subsequent convictions. The clock begins the day of conviction or release, whichever is later.
Any new conviction during the 5-year period—even another summary offense—restarts the waiting period for all prior qualifying summaries. This means individuals must maintain completely clean records for 5 consecutive years.
Former prosecutor Thomas F. Burke notes that the “clean period” requirement creates challenges for individuals with multiple summary offenses over time. Each new conviction pushes back sealing dates for all prior convictions.
10-Year Waiting Period for Misdemeanors and Felonies Qualifying misdemeanors and felonies require 10-year waiting periods from conviction or release from confinement. This longer period reflects the greater seriousness of these offenses.
The 10-year clock begins when sentences are completed, meaning individuals serving multi-year prison sentences must wait 10 additional years after release before records seal. A person convicted in 2010 and released in 2014 wouldn’t see sealing until 2024 at earliest.
Conviction-Free Requirement During waiting periods, individuals must remain conviction-free. New convictions—regardless of severity—restart waiting periods for all prior qualifying convictions.
This creates situations where single new convictions delay sealing for multiple old convictions. Someone with three qualifying misdemeanors from 2012-2014 would see all three seal in 2024-2025 if no new convictions occurred, but a new conviction in 2023 would restart all three waiting periods.
Sentence Length Limitations Misdemeanors must have sentences of 2 years or less to qualify. This excludes first-degree misdemeanors sentenced to maximum terms and some aggravated second-degree misdemeanor sentences.
Felonies must have sentences under 7 years total confinement. Consecutive sentences are aggregated—if someone received two 4-year sentences to run consecutively (8 years total), Clean Slate doesn’t apply despite each individual sentence being under 7 years.
Financial Obligation Satisfaction All fines, costs, and restitution must be paid before sealing occurs. This includes court costs imposed at sentencing, victim restitution ordered, fines for offenses, and any other financial penalties.
Unpaid obligations prevent sealing even when time requirements are met. Someone with a 2010 conviction and no subsequent convictions would qualify in 2020 based on time, but records won’t seal until all financial obligations are satisfied.
Pennsylvania courts work with individuals on payment plans, and completing payment plans satisfies Clean Slate financial requirements. However, defaulting on plans delays sealing.
Active Criminal Charge Exclusion Pending criminal charges prevent sealing of old convictions. Even if prior records meet all Clean Slate criteria, they won’t seal while active charges are pending.
Once pending charges resolve (conviction, dismissal, or acquittal), Clean Slate eligibility is reassessed. If charges result in conviction, waiting periods restart. If charges are dismissed, prior records may seal shortly after.
Interstate Conviction Considerations Out-of-state convictions complicate Clean Slate. Pennsylvania’s automated systems may not capture complete criminal histories from other states, creating situations where records seal despite disqualifying convictions elsewhere.
Individuals with multi-state criminal histories should verify that out-of-state convictions don’t disqualify Pennsylvania records from sealing.
Verification of Eligibility While Clean Slate operates automatically, individuals should verify eligibility by reviewing criminal history reports from Pennsylvania State Police, understanding conviction dates and waiting period expirations, confirming financial obligations are satisfied, and ensuring no disqualifying subsequent convictions exist.
Former prosecutors help clients navigate these requirements, calculate waiting periods accurately, and address barriers preventing automatic sealing.
Records Excluded from Clean Slate
Pennsylvania’s Clean Slate Law excludes numerous offense categories from automatic sealing, meaning certain criminal records remain permanently public regardless of time elapsed or rehabilitation demonstrated.
First-Degree Felonies All first-degree felonies are excluded from Clean Slate. These most serious felonies (maximum 20 years imprisonment) include aggravated assault, robbery, burglary, rape, kidnapping (when not elevated to murder-related charges), and major drug trafficking offenses.
First-degree felonies reflect serious criminality that Pennsylvania law deems inappropriate for automatic sealing regardless of subsequent rehabilitation.
Murder and Homicide Offenses All murder degrees (first, second, third) and voluntary/involuntary manslaughter convictions are permanently excluded from Clean Slate. These offenses involving taking human life remain public records indefinitely.
Former Philadelphia homicide prosecutor Thomas F. Burke explains that homicide exclusions reflect legislative determination that killings—even when defendants demonstrate rehabilitation—warrant permanent public record maintenance.
Sex Offenses Requiring Registration Crimes requiring Megan’s Law sex offender registration never seal under Clean Slate. This includes rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, indecent assault (certain circumstances), child pornography offenses, and corruption of minors involving sexual conduct.
Registration requirements reflect ongoing public safety concerns that override Clean Slate’s second-chance philosophy for these specific offenses.
Offenses Involving Minors Many crimes with child victims are excluded including endangering welfare of children, corruption of minors, child pornography, sexual abuse of children, and trafficking involving minors.
Pennsylvania law prioritizes child protection, maintaining permanent public records for crimes victimizing children.
Crimes of Violence Against Individuals Various violent crimes remain permanently public including kidnapping, criminal attempt to commit murder, aggravated assault (first-degree felony), and certain weapons offenses involving violence.
Firearms Offenses Serious firearms violations including 18 Pa.C.S. § 6105 (possession by prohibited person) with multiple convictions, firearms violations involving violence, and federal firearms convictions typically don’t seal under Clean Slate.
Some lesser firearms misdemeanors may eventually seal under general misdemeanor provisions if they meet sentence and waiting period requirements.
Convictions Requiring Sentence of 7+ Years Any conviction—even if second or third-degree felony—with sentence of 7 or more years total confinement is excluded. This captures aggravated circumstances where judges imposed near-maximum sentences.
Convictions Within 10-Year Waiting Period New convictions during waiting periods exclude prior records from sealing. This isn’t permanent exclusion—after new convictions age sufficiently and conviction-free periods resume, old records may eventually qualify.
Unpaid Financial Obligations While not permanent exclusion, unpaid fines, costs, or restitution prevent sealing until satisfied. Records remain public indefinitely if obligations are never paid.
Out-of-State Convictions Pennsylvania Clean Slate only seals Pennsylvania convictions. Out-of-state criminal records remain public in those jurisdictions regardless of Pennsylvania Clean Slate eligibility.
Federal Convictions Federal criminal convictions don’t seal under Pennsylvania Clean Slate. Federal records are governed by federal law, which doesn’t have comparable automatic sealing provisions.
DUI with High BAC or Accidents While some DUI convictions may seal under general misdemeanor provisions, DUI with high blood alcohol content, accidents causing injury, or multiple DUI convictions often don’t qualify due to sentence lengths exceeding 2-year thresholds.
Violations of Protection From Abuse Orders PFA violations involving assault or weapons, stalking convictions, and harassment with multiple violations often remain public.
Understanding Exclusions Individuals with excluded convictions should explore traditional expungement (available for limited circumstances) or pardons (which don’t remove records but can mitigate consequences).
Former prosecutors help clients understand which records qualify for automatic sealing versus which require alternative approaches or remain permanently public.
Traditional Expungement vs Automatic Sealing
Pennsylvania provides both traditional expungement through court petitions and automatic Clean Slate sealing, each with distinct processes, outcomes, and strategic uses. Understanding differences helps individuals choose optimal record-clearing strategies.
Process Differences Traditional expungement requires filing petitions with courts where convictions occurred, serving notice to prosecutors (District Attorneys’ offices), potentially attending hearings if prosecutors object, and obtaining court orders directing record destruction.
This process requires legal knowledge, court filing fees ($150+ per petition in many counties), time to navigate procedures, and often attorney assistance. Philadelphia have different local rules for expungement petitions.
Clean Slate operates automatically without petitions, filings, fees, hearings, or individual action. Eligible records seal without defendants doing anything.
Former prosecutor Thomas F. Burke explains that process differences make Clean Slate dramatically more accessible—individuals without legal knowledge or resources benefit equally to those who can hire attorneys.
Timing Differences Traditional expungement can occur as soon as eligibility requirements are met. For charges not resulting in conviction, petitions can be filed immediately after dismissals. For summary offenses, petitions are possible 5 years after conviction.
Clean Slate timing is less precise—records seal during quarterly batch processing after eligibility is detected. This can mean delays of months between when records technically qualify and when sealing actually occurs.
For individuals needing immediate record relief (job offers contingent on clean background checks, professional license applications), traditional expungement provides faster results despite requiring more effort.
Outcome Differences Traditional expungement orders destruction of records. Expunged records are deleted from databases, court files are physically destroyed, and legally, arrests/convictions never occurred.
Clean Slate seals records, hiding them from public access but maintaining them in law enforcement and court databases. Sealed records can be “unsealed” for certain purposes, while expunged records are gone permanently.
This distinction matters for specific purposes—some federal applications require disclosure of sealed records, while expunged records needn’t be disclosed.
Scope Differences Traditional expungement has narrower eligibility than Clean Slate. Pennsylvania expungement is generally limited to summary offenses after 5 years, charges not resulting in conviction, certain misdemeanor convictions after 10 years (prosecutors must consent), and successful ARD/diversion program completion.
Misdemeanor and felony expungement requires prosecutorial consent or compelling circumstances—courts rarely grant expungement over prosecutor objections except for non-convictions.
Clean Slate automatically seals qualifying convictions without prosecutor consent, benefiting individuals who’d face DA opposition to expungement petitions.
Cost Differences Traditional expungement involves court filing fees ($100-200+ per petition depending on county), potential attorney fees ($500-2,000+ depending on complexity), and service costs for notifying prosecutors and law enforcement.
Clean Slate is free—no filing fees, attorney costs, or other expenses.
Combining Approaches Individuals can strategically use both approaches—pursuing expungement for some records while waiting for Clean Slate to seal others. This maximizes record relief by using each tool for its best purpose.
ARD Expungement Pennsylvania ARD statutes provide specific expungement rights upon successful program completion. ARD expungement occurs relatively quickly after completion and is frequently granted.
However, Clean Slate also seals ARD records automatically. The distinction is timing—ARD expungement can occur immediately upon completion, while Clean Slate might take months or years depending on program completion date.
Juvenile Records Juvenile delinquency records have separate expungement and sealing provisions generally more generous than adult provisions. Most juvenile records eventually seal automatically or through simplified petition processes.
Employment and Licensing Considerations For employment and housing, sealing and expungement function similarly—records don’t appear in background checks. For professional licensing (law, medicine, teaching), expungement may be preferable as some licensing boards can access sealed records.
Understanding traditional expungement versus Clean Slate helps individuals maximize record relief through optimal strategy selection.
How to Check If Your Record Qualifies
Determining Clean Slate eligibility requires understanding your criminal history, calculating waiting periods, verifying financial obligations, and potentially obtaining official criminal records. Former prosecutors guide clients through this assessment process.
Obtaining Your Criminal History Pennsylvania criminal history reports are available through Pennsylvania State Police Criminal Record Check (SP 4-164) requests, Pennsylvania Access to Criminal History (PATCH) system for certified records, local police department record requests, and court docket searches through Pennsylvania’s Unified Judicial System web portal.
Official State Police criminal history reports provide comprehensive Pennsylvania conviction records including offense descriptions, conviction dates, sentences imposed, and disposition information.
Former prosecutor Thomas F. Burke recommends obtaining official records rather than relying on memory, as individuals often misremember conviction dates, exact charges, or sentence details critical for Clean Slate eligibility.
Analyzing Conviction Categories Review each conviction to determine whether it’s a summary offense (5-year waiting period), qualifying misdemeanor (10 years, sentence under 2 years), qualifying felony (10 years, sentence under 7 years, second or third-degree), or excluded offense (first-degree felony, murder, sex offense, etc.).
Pennsylvania conviction records typically include grading (summary, misdemeanor degree, felony degree), making categorization straightforward.
Calculating Waiting Periods For each qualifying conviction, calculate when the 5-year or 10-year period expires: identify conviction date or release date from incarceration (whichever is later), add 5 years for summaries or 10 years for misdemeanors/felonies, and verify no subsequent convictions occurred during waiting periods.
Conviction dates appear on court docket sheets and State Police criminal history reports. Release dates from incarceration may require contacting the Department of Corrections for sentence calculation.
Verifying Financial Obligations Determine whether fines, costs, and restitution are fully paid by reviewing court docket sheets (often show payment status), contacting clerk of courts in conviction counties, or reviewing statements from collection agencies if debts were referred.
Unpaid obligations prevent sealing regardless of time elapsed. Individuals with outstanding debt should establish payment plans to satisfy obligations and enable Clean Slate.
Checking for Disqualifying Subsequent Convictions Review criminal history for any convictions after qualifying offenses. Any conviction—regardless of severity—during waiting periods restarts clocks and delays sealing.
This requires examining dates carefully to ensure waiting periods were conviction-free.
Assessing Current Criminal Charges Pending criminal charges prevent sealing even for fully qualified old convictions. Check Pennsylvania court docket systems for active charges in any county.
Using Online Docket Searches Pennsylvania Unified Judicial System provides online docket searches at ujsportal.pacourts.us. Search by name and date of birth to find all Pennsylvania court cases.
Dockets show case status (active/closed), dispositions (convicted/dismissed/acquitted), sentences imposed, and financial obligation payment status.
Understanding What’s Already Sealed Some records may have already sealed under Clean Slate. Sealed records disappear from public docket searches but remain in law enforcement databases.
If criminal history reports show convictions but public docket searches don’t find them, sealing likely occurred. Confirming sealing requires law enforcement access or attorney assistance.
County-Specific Considerations Philadelphia may have varying record-keeping practices. Some counties maintain more detailed online records than others.
Third-Party Background Check Verification After calculating eligibility and anticipated sealing dates, individuals can verify actual sealing by running consumer background checks on themselves through services like Checkr, GoodHire, or similar employment screening companies.
If sealed records appear, it may indicate sealing hasn’t occurred yet or third-party databases haven’t updated. Background check companies sometimes maintain outdated information even after official sealing.
When to Seek Legal Assistance Former prosecutors recommend legal consultation when criminal histories are complex with multiple convictions, uncertainty exists about eligibility or waiting period calculations, financial obligations are disputed or unclear.
DiDonato & Burke Law Firm helps Philadelphia clients assess Clean Slate eligibility, pursue traditional expungement for excluded records, and resolve issues preventing automatic sealing.
Philadelphia and Pennsylvania Legal Considerations
Pennsylvania’s Clean Slate implementation and traditional expungement procedures involve state-specific legal considerations and county-level variations affecting how records are sealed and cleared.
Pennsylvania Administrative Office of Courts (AOPC) Role AOPC coordinates Clean Slate implementation statewide, developing automated systems identifying eligible records, coordinating with Pennsylvania State Police on sealing execution, and managing quarterly batch processing that seals qualifying records.
AOPC maintains the Common Pleas Criminal Court Case Management System tracking convictions, sentences, and financial obligations statewide—the database that drives Clean Slate automation.
Pennsylvania State Police Criminal Records Pennsylvania State Police maintain the statewide criminal history repository. When AOPC identifies records for sealing, PSP updates databases to mark records as sealed, removing them from public access while retaining them for law enforcement purposes.
Philadelphia Court of Common Pleas Procedures Philadelphia courts handle enormous criminal caseloads—thousands of convictions annually that may eventually qualify for Clean Slate or traditional expungement.
Philadelphia-specific considerations include criminal docket record-keeping in the Court Case Management System, financial obligation tracking through the Criminal Clerk of Courts, and local rules governing traditional expungement petitions (Philadelphia Local Rule 117).
Former prosecutor Thomas F. Burke’s experience in Philadelphia courts helps navigate local procedures for verification and petition filing.
Multi-County Conviction Considerations Individuals with convictions in multiple Pennsylvania counties (Philadelphia, Bucks, Montgomery, Delaware, Chester) face complexity because each county’s records must independently qualify for sealing, financial obligations must be satisfied in each county separately, and traditional expungement requires separate petitions in each jurisdiction.
Clean Slate’s automation benefits multi-county defendants by sealing all qualifying records regardless of county, while traditional expungement would require multiple petition filings and fees.
Federal Conviction Limitations Pennsylvania Clean Slate only affects Pennsylvania state convictions. Federal convictions prosecuted in U.S. District Court Eastern District of Pennsylvania remain on federal criminal records regardless of Pennsylvania Clean Slate.
Federal expungement is extremely limited, available only in rare circumstances. Federal conviction relief typically requires presidential pardons.
Interstate Record Recognition Pennsylvania-sealed records may still appear in FBI criminal history databases and other states’ background check systems. Clean Slate doesn’t control how other jurisdictions treat Pennsylvania records.
Employment background checks using FBI databases sometimes capture records sealed under Pennsylvania Clean Slate, though this is legally questionable.
Employment and Licensing Impact Pennsylvania employers cannot consider sealed convictions in hiring decisions—asking about or using sealed records violates Pennsylvania law. However, certain licensed professions require criminal history disclosure even for sealed records.
Pennsylvania State Licensing Boards (legal, medical, education professions) can access sealed records and may require disclosure on license applications.
Housing and Background Checks Landlords using commercial tenant screening services shouldn’t see sealed records. However, some background check companies maintain outdated databases that don’t update quickly after sealing.
Individuals who find sealed records appearing in background checks can dispute inaccuracies under Fair Credit Reporting Act.
Immigration Consequences Clean Slate sealing doesn’t affect immigration proceedings. U.S. Citizenship and Immigration Services and Immigration Courts access criminal records independently of Pennsylvania sealing.
Non-citizens must disclose sealed convictions on immigration applications and during deportation proceedings.
Pardons as Alternative Relief Pennsylvania Board of Pardons provides pardon relief for convictions excluded from Clean Slate. Pardons don’t remove records but forgive crimes and can restore rights like firearm ownership.
Pardons require extensive applications, potential hearings, and gubernatorial approval—a lengthy process but potentially valuable for serious convictions.
Expungement for Out-of-State Residents Individuals who moved from Pennsylvania can still benefit from Clean Slate if Pennsylvania convictions qualify. Records seal automatically regardless of current residence.
However, pursuing traditional expungement from out-of-state requires coordinating with Pennsylvania courts and potentially traveling for hearings.
Record Relief Timeline Planning Understanding Pennsylvania’s dual system (automatic Clean Slate + traditional expungement) helps individuals plan optimal timing for record relief considering job offers or license applications, housing applications, professional advancement opportunities, and restoration of rights like firearm ownership.
Former prosecutors help clients strategically navigate Pennsylvania’s record relief system to maximize opportunities and minimize criminal record barriers.
Frequently Asked Questions
How do I know if my Pennsylvania criminal record has been sealed under Clean Slate? Request a Pennsylvania State Police criminal history report (SP 4-164) and compare it to Pennsylvania court docket searches. Records that appear in official PSP reports but not in public court dockets have likely been sealed. You can also run a commercial background check on yourself to see what employers would find. If records you expected to see don’t appear, they may be sealed. Contact DiDonato & Burke Law Firm at (215) 567-1248 for record verification assistance.
Does Clean Slate seal DUI convictions? Some DUI convictions seal under Clean Slate if they’re misdemeanors with sentences under 2 years, at least 10 years old, all fines and costs are paid, and no subsequent convictions occurred. However, many DUI convictions don’t qualify because sentences exceeded 2 years, especially with high BAC or accidents. ARD DUI completions may seal more quickly. Former prosecutor Thomas F. Burke can evaluate whether specific DUI convictions qualify.
Will sealed records appear in FBI background checks? Pennsylvania Clean Slate seals state records, but FBI criminal history databases may still contain information. The interaction between state sealing and federal databases is complex. For most employment purposes, sealed records shouldn’t appear, but federal employment, security clearances, or certain professional licenses may still access sealed Pennsylvania records through FBI databases.
Can I apply to have my record sealed faster than the automatic waiting period? Clean Slate operates on fixed timelines that can’t be expedited. However, traditional expungement petitions can provide faster relief for qualifying records if you need immediate record clearing for job offers or license applications. Expungement requires court petitions, prosecutor service, and potential hearings, but can occur as soon as eligibility requirements are met rather than waiting for quarterly Clean Slate processing.
Do I have to disclose sealed convictions on job applications? Pennsylvania law generally prohibits employers from considering sealed convictions in hiring decisions. For private employment, you can typically answer “no” to questions about criminal history if only sealed records exist. However, certain positions (law enforcement, working with children or vulnerable populations, professional licensing) may require disclosure despite sealing.
What happens to my record if I get convicted of a new crime? New convictions restart Clean Slate waiting periods for all prior qualifying convictions, meaning records that would have sealed soon may not seal for another 5-10 years. New convictions also unseal previously sealed records in some circumstances. Maintaining conviction-free status is essential for Clean Slate benefits.
Can I get first-degree felonies or sex offenses sealed? No, Clean Slate excludes first-degree felonies, murder, sex offenses requiring registration, and crimes involving minors from automatic sealing. These records remain permanently public. Alternative relief options include pardons (which don’t remove records but can restore rights) or traditional expungement in extremely limited circumstances. Most serious offenses don’t qualify for any Pennsylvania record relief.
How do I pay off old court debt so my record will seal? Contact the Clerk of Courts in counties where you were convicted to determine outstanding balances and establish payment plans. Philadelphia courts work with individuals on installment payments. Once payment plans are completed, financial obligations are satisfied for Clean Slate purposes. Even partial payments won’t enable sealing—complete satisfaction is required.
Will Pennsylvania Clean Slate clear my record in other states? No, Clean Slate only seals Pennsylvania convictions in Pennsylvania databases. Out-of-state convictions remain on those states’ records, and other states’ background check systems may still show Pennsylvania convictions despite Pennsylvania sealing. Clean Slate is Pennsylvania-specific relief.
Can sealed records be unsealed? Yes, sealed records can be accessed by law enforcement, courts, and certain government agencies. They may be unsealed for specific purposes including prosecution for new crimes, sentencing considerations if convicted again, and certain professional licensing determinations. However, for most purposes (employment, housing, education), sealed records remain hidden permanently.
What’s the difference between Clean Slate sealing and expungement? Expungement destroys records entirely—legally, arrests/convictions never occurred. Sealing hides records from public access but maintains them in law enforcement databases. Expunged records need never be disclosed; sealed records must be disclosed in some circumstances. Expungement requires court petitions and fees; Clean Slate operates automatically and free.
How long does it take for sealed records to disappear from background checks? After Clean Slate sealing occurs, records should disappear from Pennsylvania court dockets within days or weeks. However, commercial background check companies may maintain outdated databases taking months to update. If sealed records appear in background checks, you can dispute them under Fair Credit Reporting Act. Former prosecutors help clients address outdated background check information.
Expert Tips from Former Prosecutors
Thomas F. Burke prosecution experience provides unique insights into maximizing Pennsylvania’s Clean Slate benefits and navigating record relief strategically.
Don’t Wait—Verify Eligibility Now Former prosecutor Thomas F. Burke emphasizes that many Pennsylvanians have records that already qualify for sealing but don’t know it. Pennsylvania’s quarterly batch processing means eligible records may have sealed months ago without individuals realizing.
Obtaining criminal history reports and comparing them to public court dockets reveals whether sealing occurred. Discovering sealed records opens employment and housing opportunities individuals may have avoided pursuing due to perceived record barriers.
Address Financial Obligations Immediately Unpaid court debt is the most common barrier preventing otherwise eligible records from sealing.
Understand Multi-County Record Complexity Individuals with convictions across multiple Pennsylvania counties must ensure all records qualify independently. One disqualifying conviction in one county doesn’t prevent other counties’ records from sealing, but each county’s records must meet all Clean Slate criteria separately.
Former prosecutors help clients track multi-county convictions and address county-specific barriers like unpaid obligations in one jurisdiction while other counties’ records are ready to seal.
Use Traditional Expungement Strategically Clean Slate’s automation is powerful but not always optimal timing-wise. Burke explains that traditional expungement provides faster relief when job offers require immediate background checks, professional licenses need clean records quickly, or records are eligible for expungement now but Clean Slate won’t occur for months.
The filing fees and effort for traditional expungement may be worthwhile when timing matters.
Monitor for Sealing Completion After records should have sealed based on eligibility calculations, verify sealing actually occurred through public docket searches and commercial background checks. Technical glitches, database errors, or administrative delays sometimes prevent timely sealing.
If eligible records haven’t sealed when they should have, former prosecutors can contact appropriate agencies to resolve issues.
Maintain Conviction-Free Status Burke emphasizes that new convictions are catastrophic for Clean Slate—restarting all waiting periods and potentially unsealing previously sealed records. Maintaining conviction-free status for 5-10 years requires avoiding all criminal activity, even minor summary offenses.
This creates powerful incentive for lawful behavior—one mistake can delay record relief by a decade.
Understand Employment Disclosure Requirements Pennsylvania law prohibits employers from considering sealed records, but employees must understand when disclosure is legally required despite sealing.
Failing to disclose when required can result in license denial or employment termination for dishonesty regardless of underlying conviction sealing.
Dispute Inaccurate Background Checks Background check companies sometimes show sealed records due to outdated databases. Under Fair Credit Reporting Act, individuals can dispute inaccuracies and demand corrections.
Former prosecutors help clients navigate dispute processes and, when necessary, pursue legal action against background check companies violating consumer protection laws.
Consider Immigration Consequences Clean Slate sealing doesn’t affect immigration proceedings. Non-citizens must disclose sealed convictions on immigration applications and during deportation defense.
Burke advises non-citizen clients to consult immigration attorneys before relying on Clean Slate for immigration purposes—sealing provides employment and housing benefits but doesn’t eliminate immigration consequences.
Explore Pardons for Excluded Offenses Convictions excluded from Clean Slate may qualify for pardons. While pardons don’t remove records, they provide official forgiveness, restore civil rights like firearm ownership, and demonstrate rehabilitation to employers and licensing boards.
Pardon applications require extensive documentation, letters of support, and potentially hearings before the Pennsylvania Board of Pardons. Former prosecutors help clients evaluate pardon prospects and navigate application processes.
Plan Record Relief Timing Strategically Understanding when records will automatically seal helps individuals plan career moves, housing applications, and professional advancement opportunities.
If Clean Slate sealing will occur within months, waiting may be preferable to pursuing traditional expungement. If sealing is years away, expungement petitions or other strategies may be necessary.
Verify Out-of-State Record Status Individuals with multi-state criminal histories should verify that Pennsylvania Clean Slate doesn’t create issues in other jurisdictions. Some states’ employment or licensing applications ask about criminal history “ever,” including sealed records.
Understanding each state’s requirements prevents inadvertent misrepresentations about criminal history.
Maintain Documentation Keep copies of payment receipts for court obligations, court orders granting traditional expungement, State Police criminal history reports showing clean records, and correspondence with courts about record status.
This documentation proves record relief if questions arise during employment or licensing processes.
Seek Legal Guidance for Complex Situations Clean Slate is straightforward for simple cases but complex when multiple convictions exist across jurisdictions, financial obligations are disputed, records should have sealed but didn’t, or questions arise about disclosure requirements.
Former prosecutors provide experienced guidance navigating complex record relief situations and ensuring individuals maximize Clean Slate benefits.
DiDonato & Burke Law Firm’s comprehensive understanding of Pennsylvania’s record relief system helps clients strategically clear criminal records and restore opportunities for successful, productive lives.
Talk to a Criminal Defense Attorney in Philadelphia
Pennsylvania’s Clean Slate Law represents groundbreaking criminal justice reform that automatically seals qualifying criminal records after specified waiting periods, providing hundreds of thousands of Pennsylvanians with second chances at employment, housing, and economic stability without requiring petitions, fees, or court appearances.
Understanding Clean Slate’s scope—automatic sealing of summary offenses after 5 years, qualifying misdemeanors and felonies after 10 years, and charges not resulting in conviction after 60 days—helps individuals determine eligibility and anticipate when record relief occurs. However, excluded offenses including first-degree felonies, murder, sex offenses, and crimes involving minors remain permanently public, requiring alternative relief strategies.
Clean Slate’s automation removes barriers that prevented many eligible individuals from pursuing traditional expungement, which requires court petitions, prosecutor service, fees, and legal knowledge. However, traditional expungement remains valuable for faster relief timing, complete record destruction rather than sealing, and addressing records excluded from Clean Slate.
Maximizing Clean Slate benefits requires verifying criminal history and eligibility, satisfying financial obligations through payment plans, maintaining conviction-free status during waiting periods, understanding disclosure requirements for specific employment or licensing contexts, and strategically combining Clean Slate with traditional expungement when appropriate.
DiDonato & Burke Law Firm’s former prosecutor Thomas F. Burke provides comprehensive record relief services including Clean Slate eligibility assessment, traditional expungement petitions when faster relief is needed, payment plan coordination with Philadelphia, and guidance on disclosure requirements for employment and professional licensing.
Whether your records have already sealed under Clean Slate without your knowledge, you’re approaching eligibility and need to verify status, unpaid financial obligations are preventing automatic sealing, or you need immediate record relief that can’t wait for Clean Slate processing, former prosecutor experience provides strategic advantages in navigating Pennsylvania’s comprehensive record relief system.
If you have questions about Pennsylvania Clean Slate eligibility, need assistance pursuing traditional expungement, or require guidance about criminal record disclosure for employment or licensing in Philadelphia, contact DiDonato & Burke Law Firm at (215) 567-1248. Our comprehensive understanding of Pennsylvania’s criminal record relief system helps clients clear records, restore opportunities, and move forward with their lives free from criminal record barriers.
