What is the clean slate law in PA?
Asked by: Dr. Dustin Medhurst Jr. | Last update: March 28, 2026Score: 4.2/5 (21 votes)
Pennsylvania's Clean Slate Law automatically seals eligible minor criminal records (like some misdemeanors and non-conviction records) after waiting periods and fulfilling obligations, preventing public access for many jobs/housing; recent updates (Clean Slate 3.0) expand this to include certain nonviolent felonies and reduce wait times, while also allowing pardoned offenses to be automatically expunged. It offers automatic relief for many, but some serious crimes remain ineligible, and some records are only sealed (hidden), not destroyed (expunged).
Who is eligible for PA clean slate law?
Clean Slate 1.0
Under the new law, access to the records is automatically blocked if you meet all of the following criteria: You were convicted of a third-degree misdemeanor, a second-degree misdemeanor, or an ungraded offense which carries a maximum penalty of no more than two years.
Does your criminal record clear after 7 years in PA?
In Pennsylvania, many misdemeanor convictions can be sealed automatically after 7 years without a new offense, thanks to the Clean Slate law; summary offenses seal after 5 years, while some low-level felonies can be sealed after 10 years, also automatically or via petition, under similar conditions, but serious felonies generally remain on your record.
What felonies cannot be expunged in PA?
Crimes Ineligible for Expungement
Assault, kidnapping, sexual offenses, and crimes involving minors typically have longer sentences and are ineligible for expungement, according to Act 56 – PA General Assembly. Even if you have a conviction that is eligible for expungement, your personal history can disqualify it.
Does the Clean Slate Act happen automatically?
California recently enacted some new Clean Slate laws (AB 1076 and SB 731). These laws help clear certain arrest and conviction records automatically.
What is the New Pennsylvania Clean Slate Law? | The Law and You | Fellerman & Ciarimboli
Does your criminal record clear after 7 years?
Unlike the popular myth of the “seven-year rule,” conviction records do not automatically expire or disappear from your criminal history after any specific time period. Your criminal record is maintained at multiple levels within the justice system.
What are the limitations of Clean Slate?
It's important to note there are limits to the Clean Slate law. You are generally limited to two automatic expungements from Class A misdemeanor drug possessions and three for Class B misdemeanors. Also, during the waiting period, you cannot be charged with any new criminal convictions during that time.
What is the new expungement law in PA?
Clean Slate 3.0 (Act 36 of 2023): Expands automatic sealing to include less serious drug felonies after 10 years without any new misdemeanor or felony convictions. Property-related felonies, such as theft, may be sealed after 10 years by filing a court petition.
Is it better to seal or expunge your record?
It's generally better to get a record expunged if you qualify, as it erases the record, making it as if it never happened and completely removing it from most background checks. Sealing a record hides it from public view, but law enforcement and some government agencies can still access it with a court order, making expungement the superior, though often harder to get, option for a truly clean slate.
What's worse, felony 1 or felony 3?
A first-degree felony is significantly worse than a third-degree felony, carrying much harsher penalties like longer prison sentences (often decades or life) and larger fines, whereas third-degree felonies are less severe, with shorter potential prison terms (typically up to 5 years) and smaller fines, though both are serious offenses. The ranking goes from most severe (First Degree) down to less severe (Third Degree) for general felonies, but with murder, it's reversed, with third-degree murder being less severe than first-degree murder (premeditated) but still a first-degree felony in some states like Pennsylvania.
What is the new background check law in PA?
The Clean Slate Law prevents potential employers and the public at large from seeing the record of certain felony and misdemeanor convictions, summary convictions, and any arrests that did not result in a conviction. There are no pending proceedings seeking an eviction.
How can I tell if my record has been expunged?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed. You can visit the courthouse in person, call them, or use an online search or contact tool (if available).
Is expunging your record worth it?
Yes, for most eligible individuals, expungement is generally considered worth the effort as it removes barriers to employment, housing, education, and financial stability, offering a fresh start and reduced stigma, though it has limitations and eligibility depends on state laws and crime type. The benefits of greater opportunity and peace of mind often outweigh the costs and time involved in the process, but it doesn't erase records from all government databases or guarantee clearance for certain high-level professions.
Do I have to disclose a felony after 7 years in PA?
Eligible felony convictions can be sealed after 10 years without another misdemeanor or felony conviction. Eligible misdemeanor convictions are sealed after 7 years without another misdemeanor or felony conviction. Summary convictions can be sealed after 5 years.
Is a clean slate a fresh start?
A fresh start; another chance after wiping out old offenses or debts. This idiom often appears as wipe the slate clean.
What felonies are not eligible for expungement?
Generally, serious felonies like murder, violent crimes (e.g., aggravated assault, kidnapping, robbery), sex offenses (especially against minors), and domestic violence convictions are often ineligible for expungement across most states, with specific exclusions varying by jurisdiction, while federal felonies are typically not expungeable at all, but state laws have exceptions for certain offenses like some DUIs or lower-level drug crimes.
Can the FBI see my expunged record?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
Do misdemeanors go away after 10 years?
Criminal Records in California
They don't automatically disappear or get sealed over time. Even minor misdemeanors, like shoplifting, can show up on background checks indefinitely. Some misdemeanor convictions can result in the loss of certain civil rights, such as firearm ownership.
What employers can see a sealed record?
While most jobs cannot ask about or consider sealed or expunged records, there are a few exceptions—especially when federal or licensing rules apply. You may still need to disclose past records for the following types of jobs: Law enforcement or corrections. Positions requiring federal security clearance.
How long do I have to wait to get my record expunged in PA?
Eligible felony convictions can usually be sealed after 10 years without another misdemeanor or felony conviction. Nonconvictions (“Not Guilty” and dropped charges) are sealed after 30 days.
Do misdemeanors show up on background checks in PA?
When a prospective employer requests a criminal background check in Pennsylvania, they can see the following information: Convictions for felonies and misdemeanors.
Can DUI from 12 years ago be used against you in PA?
In short, if you have a prior DUI within the past 10 years in Pennsylvania, you can be charged (and sentenced) as a repeat offender under Pennsylvania law.
What is the clean slate rule?
The Clean Slate Initiative passes and implements laws that automatically clear eligible records for people who have completed their sentence and remained crime-free, and expands who is eligible for clearance.
How to give yourself a clean slate?
7 ways to create a clean slate
- 1 End what needs to end. This sounds dramatic, yet it's something many of us don't like to do. ...
- 2 Give away what you don't need anymore. ...
- 3 Fix what's broken (or throw it out) ...
- 4 Catch up what needs to be caught up. ...
- 5 Release and let go. ...
- 6 Cleanse, clean and clear. ...
- 7 Update what's out of date.
What is the clean slate lawsuit?
The case, originally brought by a client of Whistleblower Law Collaborative LLC alleged fraud against Medicaid and Medicare patients. In particular, CleanSlate required expensive urine drug tests at every patient visit. They ran tests regardless of medical necessity.