When you get arrested for a crime in Pennsylvania, your arrest can stay with you for the rest of your life. Having an arrest on your permanent record can impact nearly all aspects of your life—from your career (and your personal finances) to your parental rights.

As a result, for those who are eligible, seeking an expungement (or a “clean slate”) can be life-changing.

While they are often discussed interchangeably, Pennsylvania’s expungement and clean slate laws are not the same. Expungement is an option in some cases, while filing under Pennsylvania’s clean slate law is an option in others. There are also circumstances in which neither law applies.

So, what are your options? Keep reading to learn what you need to know.

Definitions: Expungement vs. Sealing (Clean Slate) in Philadelphia

Since filing for expungement and filing to have your record sealed are different, we’ll start with some definitions. Here is an overview of what it means to have your record “expunged” versus having your record “sealed”:

What It Means to Have Your Criminal Record “Expunged”

If your criminal record is “expunged,” this means that it ceases to exist. Expungement means that you can legally (and accurately) say that you do not have an arrest or conviction on your record. While expungement is an option in a relatively small number of cases, it is well worth finding out if you are eligible to file.

What It Means to Have Your Criminal Record “Sealed”

If your criminal record is “sealed,” this means that it cannot be accessed by schools, landlords, and most employers. Sealed records will not show up on background checks, and schools, landlords, and covered employers cannot use sealed records against you. As a result, while sealing does not have the same effect as expungement, it still effectively provides you with a “clean slate” in most circumstances.

When Can You File for Expungement?

There are a handful of circumstances in which eligible individuals can file for expungement in Philadelphia. Specifically, you may be eligible to file for expungement if:

  • Your arrest did not result in a conviction (i.e., your charge was dismissed or withdrawn, or your case was “Nolle Prossed”);
  • You were convicted of a summary offense, you have paid all fines and costs, and you have not been arrested for at least five years since your conviction;
  • You completed a diversionary program, such as Accelerated Rehabilitative Disposition (ARD);
  • You are at least 70 years old and have not been arrested for at least 10 years since your conviction; or,
  • You were adjudicated delinquent for a qualifying juvenile offense.

Filing for expungement is a multi-step process that involves contacting both the Pennsylvania State Police and the appropriate Commonwealth Court. Due to the complexity of the process—and the importance of having your record expunged if you are eligible—we strongly recommend working with an experienced criminal lawyer throughout the process.

When Can You File to Have Your Record Sealed?

Under Pennsylvania’s new clean slate law, there are two potential ways to have your record sealed. Certain convictions will be sealed automatically, while others require you to file a petition in court:

When Criminal Records Are Automatically Sealed in Philadelphia

The following criminal records will be automatically sealed in Philadelphia:

  • Summary Offenses: Automatically sealed after five years
  • Second and Third-Degree Misdemeanors: Automatically sealed after seven years
  • Certain Felony Drug Charges: Automatically sealed after 10 years

Once a conviction is automatically sealed, “a person cannot be required to disclose information about [the] conviction that is sealed, and may respond to questions about their criminal record as if the offense did not occur.” As with expungement, this applies to the specific conviction that has been sealed. If you have multiple convictions on your record and only one of your convictions has been sealed, you must still disclose the other(s), and your other conviction(s) can continue to negatively impact your life.

When You Can File to Have Your Criminal Record Sealed in Philadelphia

The following criminal records are eligible to be sealed by filing a petition with the appropriate court:

  • First-Degree Misdemeanors: Eligible to be sealed after seven years
  • Third Degree Felonies: Eligible to be sealed after 10 years
  • Felony Drug Charges that Are Automatically Sealed: Eligible to be sealed after 10 years

This means that first-degree and second-degree felonies are not eligible to be sealed—automatically or by filing a petition. It is also important to note that while sealing a conviction means that it cannot be used against you by schools, landlords, and most employers, “[c]lean slated records are accessible to law enforcement and can be used for sentencing purposes during future proceedings.”

How Can You Find Out if Your Criminal Record is Eligible to Be Expunged or Sealed in Philadelphia?

With all of this in mind, how can you find out if your criminal record is eligible to be expunged or sealed in Philadelphia?

While Pennsylvania’s laws concerning expungement and sealing of criminal records are complicated, an experienced criminal lawyer will be able to review your record and determine what options are available to you. If you are eligible to file for expungement or file to have a conviction sealed, your lawyer will be able to assist you with this as well. As noted above, filing for expungement is a multi-step process that involves dealing with the police and the courts. Filing to have your record sealed under Pennsylvania’s clean slate law can present challenges as well, so it is best to have an experienced criminal lawyer on your side.

Need to Know More? Schedule a Free Consultation with Philadelphia Criminal Lawyer Brian Fishman

Do you need to know more about Pennsylvania’s expungement law or clean slate law (the law that allows you to have your record sealed)? If so, we strongly encourage you to get in touch. To schedule a free consultation with Philadelphia criminal lawyer Brian Fishman, give us a call at 267-758-2228 or tell us how we can reach you online today.