Under Pennsylvania’s new clean slate law (commonly referred to as “Clean Slate 3.0”), certain offenses are eligible for automatic record sealing after a specified waiting period. Certain other offenses can be sealed upon petition, while others remain completely ineligible. A limited number of non-convictions are eligible for expungement under Clean Slate 3.0 as well.

Having a conviction on your record can impact all aspects of your life. In fact, even if you don’t get convicted at trial, simply having an arrest record can make it more difficult to find a job—in addition to impacting your life in various other ways.

Recognizing that this is the case, Pennsylvania enacted a new clean slate law in 2024. This law (commonly referred to as “Clean Slate 3.0”) allows for many types of criminal cases to be sealed after a specified waiting period. But, the law is complicated, and this means that understanding when your record will be sealed—or whether you need to apply to have your record sealed—can be difficult.

Pennsylvania’s Clean Slate Law in 2026: Sealing vs. Expungement

Before we talk about when records are eligible to be sealed under Clean Slate 3.0, we should first clarify what it means for a record to be “sealed.” Sealing is not the same as expungement.

When a criminal record is expunged, it is erased completely. From a legal perspective, it is as though the criminal case in question never happened.

When a criminal record is sealed, it still exists, but access is restricted to the police, the courts, and the Pennsylvania Department of Human Services. Schools, landlords, financial institutions, and most employers do not have access to sealed records; and, once your record has been sealed, it cannot be used against you except in criminal justice and certain other legal matters.

 

Records that Are Eligible for Automatic Sealing (and Applicable Waiting Periods)

Under Clean Slate 3.0, certain criminal records are eligible to be sealed automatically—once the applicable waiting period expires. For qualifying criminal records, the applicable waiting periods are as follows:

  • Felony Convictions – 10 years without a misdemeanor or felony conviction
  • Misdemeanor Convictions – 7 years without a misdemeanor or felony conviction
  • Summary Convictions – 5 years
  • Non-Convictions – 30 days

With regard to felony convictions, automatic sealing is only available for “qualifying offenses.” Under Section 9102 of Title 18 of the Pennsylvania Statutes, qualifying offenses are drug crimes (including attempt, conspiracy and solicitation of drug crimes), “unless a minimum sentence of 30 months or more of imprisonment or a maximum sentence of 60 months or more of imprisonment was imposed on the offense.”

With regard to misdemeanor convictions, automatic sealing is available for second-degree misdemeanors, third-degree misdemeanors, and misdemeanors that carry a maximum prison sentence of two years. For all convictions—felony, misdemeanor, and summary—the law requires payment of all restitution ordered by the court before a record can be automatically sealed.

Importantly, while these are the general rules, there are exceptions. For example, the following convictions (among others) are not eligible for automatic sealing:

  • Firearms offenses
  • Certain sexual offenses
  • Cruelty to animals
  • Corruption of minors
  • First-degree misdemeanors that are not “qualifying offenses”

Additionally, there are various circumstances in which a record can be disqualified from automatic sealing. For example, even if a record would otherwise qualify, it will not be automatically sealed if:

  • The case involved three or more felony convictions for “qualifying offenses”
  • The individual has two or more cases with first-degree misdemeanor or felony convictions
  • The individual has four or more cases with misdemeanor or felony convictions

As we said above, the law is complicated. But, this should not prevent you from making sure your record is appropriately sealed. Having your record sealed is a big deal; and, if your record has not been appropriately sealed, you should contact an experienced criminal lawyer for help.

 

Records that Are Eligible for Sealing Upon Petition (and Applicable Waiting Periods)

Some criminal records that are not eligible for automatic sealing can be sealed through a formal petitioning process. Generally, records that are eligible to be sealed upon petition include the following (unless they are eligible for automatic sealing, in which case a petition is not required):

  • “Qualifying offense” drug felonies
  • Criminal mischief
  • Trespass
  • Theft, forgery, and fraud offenses
  • Misdemeanor offenses (unless excluded)

The waiting periods listed above for felonies, misdemeanors, and summary offenses apply here as well, and petitioners must pay all ordered restitution prior to filing. Certain convictions are excluded, and the following disqualifications can also result in loss of eligibility to file:

  • Two or more cases with felony or first-degree misdemeanor convictions in the past 10 years
  • Four or more cases with second-degree misdemeanor convictions or higher in the past 15 years
  • Any convictions for first-degree felonies, murder, or other offenses punishable by more than 20 years in prison

Once again, if you are unsure whether you are eligible, we strongly recommend consulting with an experienced criminal lawyer. Your lawyer will be able to assess your eligibility; and, if you are eligible to file a petition, your lawyer will be able to prepare and file your petition on your behalf.

How Do You File a Petition to Have Your Record Sealed in Pennsylvania?

If you are eligible to file a petition to seal your criminal record under Pennsylvania’s clean slate law, you must prepare your petition in compliance with the law, and then you must file it in the appropriate county court. While you can try to navigate this process on your own, you can also hire a lawyer to help you. Due to the complexity of the process and the importance of having your record sealed as soon as possible, working with a lawyer is strongly recommended.

 

Schedule a Free Consultation with Philadelphia Criminal Lawyer Brian Fishman

Do you have questions about Pennsylvania’s clean slate law? If so, you can contact us for a free and confidential consultation. To schedule an appointment with Philadelphia criminal lawyer Brian Fishman, call 267-758-2228 or inquire online today.