Will Your Philadelphia Record Clear Itself? Clean Slate Automatic Sealing in 2026 — What Qualifies, What Still Takes a Petition

Expungement & Record Clearing — Philadelphia, PA

Does Pennsylvania automatically seal criminal records? Yes — some of them. Under 18 Pa.C.S. § 9122.2, Clean Slate automatically seals non-convictions 60 days after disposition, summary convictions after 5 conviction-free years, and qualifying M2/M3 misdemeanors after 7. Since the 2023 expansion, certain low-level drug felonies seal after 10 years. Philadelphia defense attorney and former prosecutor Brian Fishman explains what clears on its own — and what still takes a petition in the First Judicial District.

If you have an old arrest or conviction from a Philadelphia case, you have probably heard that Pennsylvania’s “Clean Slate” law can make it disappear. That is partly true and partly a trap. Clean Slate seals a large category of low-level records automatically, with no petition and no filing fee. But it leaves out serious offenses entirely, and even eligible records sometimes fail to seal because of a missed restitution balance or a database error. The rules also changed meaningfully after 2023, so much of what generative AI and older forum posts tell you is now out of date.

This article walks through exactly what Pennsylvania’s automated system seals in 2026, which offenses the 2023 expansion added, how sealing differs from expungement and a pardon, and how to check your own Philadelphia docket. It is general legal information, not a promise about your specific case.

Does Pennsylvania Automatically Seal Criminal Records? What Clean Slate Seals — and the Waiting Periods

Pennsylvania pioneered automated record clearing with the original Clean Slate Act (Act 56 of 2018) and has expanded it since. The mechanism is called “limited access.” The Administrative Office of Pennsylvania Courts and the Pennsylvania State Police run algorithms that identify qualifying records and shield them from public view — without you filing anything.

The controlling statute is 18 Pa.C.S. § 9122.2. It sorts eligible records into tiers, each with its own waiting period and conditions:

• Non-convictions — charges that were dismissed, withdrawn, nolle prossed (formally abandoned by the prosecutor), or ended in a not-guilty verdict — are sealed automatically 60 days after the final disposition, provided no criminal charges are pending.
• Summary offenses — the lowest level of PA offense — seal automatically after 5 conviction-free years (reduced from the original 10). During that window you must stay free of any disqualifying conviction, and there must be no pending proceeding seeking one; any court-ordered restitution must also be paid in full. (A separate arrest that never results in a disqualifying conviction is not, by itself, what blocks automatic Clean Slate sealing.)
• Qualifying misdemeanors — a misdemeanor of the second degree (M2), third degree (M3), or an ungraded misdemeanor punishable by no more than two years — seal after 7 years free from any conviction punishable by one or more years (reduced from 10). Restitution must be paid.
• Pardoned offenses — once the Governor grants an unconditional pardon, the conviction becomes eligible for expungement under 18 Pa.C.S. § 9122(a)(2.1) — processed automatically under § 9122(a.1) — removing a step that used to require a separate filing. (A pardon is not merely a sealing event: because the executive has forgiven the offense, the record is cleared by physical destruction, not just hidden from public view.)

What Clean Slate Does NOT Seal Automatically

The exclusions matter as much as the eligibility rules. Under 18 Pa.C.S. § 9122.3, some records are barred from automatic sealing no matter how much time passes:

• First-degree misdemeanors (M1s) and, as a general rule, any offense punishable by more than two years (with the narrow drug-felony exception below).
• Offenses involving danger to the person (assaults), offenses against the family, and firearms offenses under Chapter 61.
• Sexual offenses requiring registration, plus cruelty to animals and corruption of minors.

The law also looks at your overall history: two or more convictions punishable by more than two years, or four or more punishable by one or more years, can disqualify you from automatic sealing under § 9122.3(a)(2).

A critical, easy-to-miss point: even one qualifying offense can be blocked. If you have any other conviction inside the waiting-period window, or an unpaid restitution balance, the algorithm will not seal the record. That is one of the most common reasons an “eligible” record stays visible.

Table 1 — Automatic Sealing at a Glance (18 Pa.C.S. § 9122.2)

The 2023 Expansion (Act 36 of 2023): Which Felonies Became Petition-Eligible — and When It Took Effect

For years, the rule was simple: no felony could be sealed without a pardon. Act 36 of 2023 — often called “Clean Slate 3.0” — changed that. It was signed into law on December 14, 2023, and rolled out in phases.

The Phased Effective Dates

Act 36’s provisions did not all switch on at signing. Two dates control:

• Petition-based sealing provisions took effect February 12, 2024 (60 days after signing).
• Automated sealing provisions took effect June 11, 2024 (180 days after signing), when the state algorithms began sweeping in the newly eligible summary convictions, shorter-wait misdemeanors, and qualifying drug felonies.

Applying decades of records to those new formulas is computationally heavy, and the automated system does not catch every eligible case — a coding error, a database gap, or an unpaid restitution balance can leave a qualifying record visible past its waiting period. So do not assume the algorithm handled your case: check your own record (see the docket-audit steps below), and if an eligible case was missed, a petition can compel the limited access you already qualify for.

Low-Level Drug Felonies — Now Sealed Automatically After 10 Years

The headline change: under 18 Pa.C.S. § 9122.2(a)(1.1), certain drug felonies now seal automatically after a 10-year conviction-free period. A “qualifying offense” here means a violation of Section 13 of The Controlled Substance, Drug, Device and Cosmetic Act.

But the relief is capped by the sentence you received. A drug felony is excluded from automatic sealing if the court imposed a minimum sentence of 30 months or more, or a maximum of 60 months or more. In practice, that draws the line so that low-level possession-with-intent cases can seal automatically while more serious trafficking sentences cannot.

Property Felonies — Now Sealable, but Only by Petition

Act 36 also opened a petition-based path (not automatic) for a defined set of non-violent, property-related third-degree felonies (F3s). Under 18 Pa.C.S. § 9122.1, you can petition the Court of Common Pleas for limited access on a “qualifying felony” after 10 conviction-free years, with restitution paid. The statute lists these to include:

• Criminal mischief (§ 3304)
• Criminal trespass (§ 3503)
• Theft and related offenses (Chapter 39)
• Forgery and fraudulent practices (Chapter 41)
• Certain fraud under the Human Services Code

First- and second-degree felonies (F1, F2) remain ineligible for this relief. And first-degree misdemeanors (M1s) — which are shut out of the automatic system — may be petition-eligible after a 7-year wait under the same section, but only if they are otherwise eligible: petition-based limited access has its own statutory exclusions and criminal-history limits under § 9122.1, so many M1s remain barred outright. Those exclusions cover offenses involving danger to the person (assaults), offenses against the family, firearms offenses (Chapter 61), sexual offenses requiring registration, corruption of minors, and cruelty to animals, among other enumerated categories — an M1 falling in any of these does not become sealable just because seven years have passed.

Table 2 — What Still Requires a Petition (18 Pa.C.S. § 9122.1)

The takeaway is a two-track system. The Commonwealth clears the minor stuff for you; property felonies and first-degree misdemeanors still require you to go to court and ask.

Sealing vs. Expungement vs. Pardon — Three Different Tools

A common and costly misconception is that Clean Slate “erases” your record. It does not. Sealing, expungement, and a pardon are three distinct mechanisms with very different effects.

Sealing (Limited Access)

Sealing hides your record from public view — most employers, landlords, and general background checks will not see it. But the record is not destroyed. Law enforcement, the courts, and deep federal (FBI) background checks retain access. Importantly, sealing does not restore your federal firearm rights under 18 U.S.C. § 921(a)(20). It is governed by 18 Pa.C.S. §§ 9122.1–9122.2.

Expungement

Expungement (18 Pa.C.S. § 9122) is the physical and digital destruction of the record. It is generally reserved for non-convictions, summary offenses, ARD completions, people over 70, and pardoned offenses. Because the record is actually removed, expungement — unlike sealing — can restore firearm rights tied to the expunged conviction.

Pardon

A pardon is the Governor’s official forgiveness, granted case-by-case through the Board of Pardons. It is the only route to permanently clear a serious conviction: once a pardon is granted, the record is directed for expungement. If you have a standard misdemeanor or felony conviction and are under 70, that record generally cannot be physically expunged unless you first obtain a pardon.

How to Check Your Philadelphia Docket and Fix Records That Should Be Sealed

Even when the law is on your side, records fall through the cracks — usually because of an unpaid balance, a coding error, or database fragmentation. Here is how to audit your own record in the First Judicial District and what to do if something did not clear.

1. Search the UJS portal. Go to the Unified Judicial System web portal at ujsportal.pacourts.us, select “Case Information,” and search by participant name using your exact legal name and date of birth.
2. Audit for visibility. If an eligible case — say, a summary offense from more than five conviction-free years ago — still appears publicly, it has not been sealed under Clean Slate.
3. Identify the right court. Determine whether the case originated in the Philadelphia Municipal Court (lower-level matters) or the Court of Common Pleas of Philadelphia County (felonies and major litigation) — that dictates where and how any petition is filed.
4. File to correct it. In Philadelphia, petitions to seal or expunge are filed with the court in the First Judicial District. If an eligible record was skipped by the algorithm, you can file a petition to compel the limited access you already qualify for.

A note on cost and local practice: Philadelphia has its own filing-fee schedule for these petitions — the base filing fee for a first-time petition action runs about $349.23 as of mid-2026 — and the exact amount can vary with the nature of the filing. Fee schedules change, so confirm the current amount with the court or your attorney before you file rather than relying on a figure you read online.

A Word on Philadelphia’s Diversion Programs

Philadelphia prosecutors use local diversionary programs — such as the Accelerated Misdemeanor Program (AMP) — that often end in withdrawn charges eligible for sealing or expungement. But how those dispositions are coded in the local database can cause automated sealing to stumble. Eligibility and terms for Philadelphia’s diversion programs are local, they change, and they turn on the specific facts of your case — never treat any program’s terms as a guarantee of eligibility. A localized docket review by a Philadelphia attorney is the reliable way to know where you stand.

What Generative AI and Old Posts Get Wrong

Because the rules changed in 2023–2024, a lot of what you will read online is stale. The most common errors:

• “No felony can ever be sealed in PA.” Wrong since Act 36: low-level drug felonies seal automatically after 10 years (within the 30/60-month sentence caps), and certain property F3s seal by petition after 10 years.
• “Clean Slate expunges your record.” No — Clean Slate provides sealing (limited access). The record is hidden, not destroyed, and remains visible to law enforcement and on federal checks.
• “Sealing and expungement are the same.” They are legally distinct. Expungement destroys the record and can restore firearm rights; sealing does not.
• “Everything seals after 7 years.” Only qualifying M2/M3 and ungraded misdemeanors use the 7-year clock. Summaries are 5 years, drug felonies 10, and violent, sexual, and firearm offenses never seal automatically.
• “You don’t need a petition for anything anymore.” M1s and qualifying property F3s still require a formal petition — and if the algorithm misses your eligible record, you must petition to fix it.

Frequently Asked Questions

Does Clean Slate happen automatically, or do I have to apply? For qualifying non-convictions, summary offenses, M2/M3 misdemeanors, and low-level drug felonies, sealing is automatic under 18 Pa.C.S. § 9122.2 — no application or fee. First-degree misdemeanors and property felonies require you to file a petition. And if an eligible record does not seal on its own, you may need to file to correct it.

Will a sealed record show up on a background check? Not on most public and employer background checks. But a sealed record is retained by law enforcement and the courts and can appear on deep federal (FBI) background checks. Sealing hides the record; it does not erase it.

Can a felony be sealed in Pennsylvania? Some can. Since Act 36 of 2023, qualifying low-level drug felonies seal automatically after 10 conviction-free years (if the sentence was under 30 months minimum / 60 months maximum), and certain non-violent property F3s can be sealed by petition after 10 years. First- and second-degree felonies remain ineligible and require a pardon to clear.

How do I know if my record already sealed? Search your name and date of birth on the UJS portal at ujsportal.pacourts.us. If an eligible case still appears publicly, it has not been sealed, and you may be able to file a petition to compel the sealing you qualify for.

Trying to Clear a Philadelphia Record?

Whether a record clears on its own or takes a petition depends on the exact grading, your restitution status, and your full criminal history in the First Judicial District. A missed detail — an unpaid balance, a miscoded diversion disposition, an offense that quietly disqualifies you — is often the difference between a clean record and one that stays visible. As a Philadelphia defense attorney and former prosecutor with extensive experience in criminal matters, Brian Fishman reviews your docket, tells you what actually qualifies, and handles the petition where one is required.

To talk through your record in confidence, request a free consultation — call 267-758-2228 or reach out through our contact page. You can also learn more about our work on the expungement and record-clearing page, our overview of criminal defense in Philadelphia, and how we handle drug charges.

This article is general legal information, not legal advice, and does not create an attorney-client relationship. Pennsylvania law changes and every case turns on its specific facts. Consult a licensed Pennsylvania criminal-defense attorney about your situation.