How do I expunge a criminal record in Pennsylvania?

Q: How do I expunge a criminal record in Pennsylvania?

Pennsylvania record relief is governed by Title 18 § 9122 and the Clean Slate Act . 1. Expungement — 18 Pa.C.S. § 9122 Eligible if: - Charges were dismissed, withdrawn, or you were acquitted. - You completed ARD (Accelerated Rehabilitative Disposition) successfully. - Summary offenses : 5 years arrest-free (§ 9122(b)(3)). - Defendant is 70+ years old and 10 years arrest-free. - Defendant has been deceased 3+ years. 2. Limited Access (Sealing) — Act 5 of 2016 - Available for second- and third-degree misdemeanors and ungraded misdemeanors with maximum penalty of ≤ 2 years. - Petition required; 10 years without subsequent conviction. - Effect: hidden from public/most employer view but available to law enforcement and certain licensing. 3. Clean Slate Act — Act 56 of 2018 (Expanded by Act 36 of 2023) - Automatic sealing by court computer system — no petition. - Eligible: M2, M3, ungraded misdemeanors, and (under Act 36) certain felonies (F3 drug offenses), after 10 years with no new convictions and all financial obligations paid. - Also automatic for non-conviction dispositions and summary offenses. 4. Excluded Offenses - Most felonies (with exceptions under Act 36). - Sex offenses requiring Megan's Law registration. - Offenses against family (cruelty to animals, certain DV). - First-degree misdemeanors typically not auto-sealed. 5. Procedure for Petition - File Petition for Expungement (or limited access) in Court of Common Pleas of conviction county. - Filing fee approximately $132 . - DA has 30 days to object; court order then served on PSP, court, and arresting agency. 6. Pardons - For ineligible convictions, Board of Pardons recommendation to Governor is the only path. This is legal information, not legal advice.

Question

Accepted Answer

Pennsylvania record relief is governed by Title 18 § 9122 and the Clean Slate Act.

1. Expungement — 18 Pa.C.S. § 9122

Eligible if:

Charges were dismissed, withdrawn, or you were acquitted.

You completed ARD (Accelerated Rehabilitative Disposition) successfully.

Summary offenses: 5 years arrest-free (§ 9122(b)(3)).

Defendant is 70+ years old and 10 years arrest-free.

Defendant has been deceased 3+ years.

2. Limited Access (Sealing) — Act 5 of 2016

Available for second- and third-degree misdemeanors and ungraded misdemeanors with maximum penalty of ≤ 2 years.

Petition required; 10 years without subsequent conviction.

Effect: hidden from public/most employer view but available to law enforcement and certain licensing.

3. Clean Slate Act — Act 56 of 2018 (Expanded by Act 36 of 2023)

Automatic sealing by court computer system — no petition.

Eligible: M2, M3, ungraded misdemeanors, and (under Act 36) certain felonies (F3 drug offenses), after 10 years with no new convictions and all financial obligations paid.

Also automatic for non-conviction dispositions and summary offenses.

4. Excluded Offenses

Most felonies (with exceptions under Act 36).

Sex offenses requiring Megan's Law registration.

Offenses against family (cruelty to animals, certain DV).

First-degree misdemeanors typically not auto-sealed.

5. Procedure for Petition

File Petition for Expungement (or limited access) in Court of Common Pleas of conviction county.

Filing fee approximately $132.

DA has 30 days to object; court order then served on PSP, court, and arresting agency.

6. Pardons

For ineligible convictions, Board of Pardons recommendation to Governor is the only path.

This is legal information, not legal advice.