When is Expungement Available in Pennsylvania?

Expungement is a legal process that allows certain individuals to remove arrests, charges, or convictions from their criminal records. However, not all offenses are eligible for expungement in Pennsylvania. The availability of expungement is governed by 18 Pa.C.S. § 9122, which outlines the specific conditions under which a record may be expunged.

Some key situations where expungement is available include:

• Non-conviction records: If you were arrested but not convicted, or if the charges against you were dismissed or withdrawn, you may be eligible for expungement. Under § 9122(a), any individual whose charges were dismissed, withdrawn, or resulted in an acquittal can seek expungement.
• Summary offense convictions: Summary offenses, such as minor traffic violations or disorderly conduct, may be eligible for expungement if you have been free of arrest or prosecution for five years following the conviction.
• Cases involving ARD (Accelerated Rehabilitative Disposition): If you successfully completed the ARD program, which is often available for first-time offenders, you may be eligible to have the record of your arrest and charges expunged under § 9122(b).
• Individuals over 70 years of age: If you are over the age of 70 and have been free from arrest or prosecution for 10 years, you may be eligible for expungement of your entire criminal record under § 9122(b).
• Deceased individuals: The criminal records of a deceased person may be expunged by the court upon petition under § 9122(b).

While some misdemeanor and felony convictions are not eligible for expungement, individuals with non-conviction records or certain summary offenses can benefit from this process. Expungement can clear your record from public databases, making it easier to apply for jobs, housing, or professional licenses without being held back by your past.

Pennsylvania’s Clean Slate Act

In addition to expungement, Pennsylvania also offers relief through the Clean Slate Act. This law, which was enacted in 2018, allows for the automatic sealing of certain criminal records without the need for a formal expungement petition.

What Does the Clean Slate Act Do? The Clean Slate Act enables automatic sealing of eligible criminal records, meaning that the records are not available to the public, although they are still accessible to law enforcement and certain government agencies. The Clean Slate Act is governed by 18 Pa.C.S. § 9122.2 and applies to the following:

How Is the Clean Slate Act Different from Expungement? While both expungement and the Clean Slate Act provide ways to clear your criminal record, they differ in important ways:

• Expungement: Completely removes the record from public view and, in some cases, from all databases. After an expungement, you can legally answer “no” when asked whether you have a criminal record.
• Clean Slate Act: Seals the record, meaning it is not visible to the public but remains accessible to law enforcement and some government agencies. Sealed records can still be used against you in certain legal proceedings or future criminal cases.

If you believe you may be eligible for expungement or record sealing under the Clean Slate Act, contact my office to discuss your options. I can help determine which approach is best for your situation and guide you through the process to achieve the best possible outcome.