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Limited access, clean slate, or sealing in Pennsylvania

Can I clear my record in Pennsylvania?

Pennsylvania mostly seals convictions instead of erasing them; the law calls this "limited access."

Some records clear automatically

How did your case end?

Pick the one that matches. We'll show the routes Pennsylvania law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Under Clean Slate, many records are sealed automatically: charges that didn't end in conviction, summary offenses after 5 years, many lower-level misdemeanors after 7 years, and some drug felonies after 10 years. Other misdemeanors and some lower-level felonies can be sealed by petition. Full expungement of a conviction is generally limited to summary offenses, people 70 or older, and people who receive a pardon.1,2,3,4

Checked October 21, 2026 against 20 sources, starting with Pennsylvania law, then by a second reader.

What it's called
Limited access, clean slate, or sealing1,2,3
Automatic clearing
Yes, for some records, since June 28, 20191,3,5
DUI or DWI
Sometimes1,12,14
Filing fee
No filing fee1,2,3
Fee waiver
Available1,2,3

Sealing

Clean Slate automatic limited access

Dissemination of the record is limited to criminal justice agencies and a few listed exceptions, such as county children and youth agencies and the Department of Human Services for child-protection duties, court-ordered access in custody or protection-from-abuse cases, checks required by federal law for employment, and bar admission (18 Pa.C.S. § 9121(b.1)-(b.2)). A person generally can't be required or asked to disclose the sealed record and may respond as if the offense did not occur, except where federal law requires employers to consider criminal history. Sealed records may not be used for employment, housing or school admission decisions except where federal law requires (18 Pa.C.S. § 9122.5). The record stays in the State Police file and is still disclosed to courts, including for sentencing.1,2,3

What it's for: Non-conviction charges, summary convictions, second- and third-degree misdemeanors and misdemeanors punishable by 2 years or less, some drug felonies, and convictions with a conditional pardon.

Who can use it

  • Charges that ended in any final disposition other than a conviction (18 Pa.C.S. § 9122.2(a)(2)).
  • Summary offense convictions, after 5 years, once court-ordered restitution is paid (§ 9122.2(a)(3)).
  • Second- or third-degree misdemeanors, or misdemeanors punishable by no more than 2 years, after 7 years free from conviction for any offense punishable by 1 year or more, once court-ordered restitution is paid (§ 9122.2(a)(1)).
  • Drug Act (section 13) offenses, including felonies, after 10 years free from conviction for any offense punishable by 1 year or more, unless the sentence imposed had a minimum of 30 months or more or a maximum of 60 months or more (§ 9122.2(a)(1.1); definition of 'qualifying offense' in § 9102).
  • Convictions for which a conditional pardon was granted (§ 9122.2(a)(4)).

What doesn't qualify

  • Convictions for offenses involving danger to the person (Article B of Title 18, including simple assault), offenses against the family (Article D), firearms offenses (Chapter 61), registrable sexual offenses, cruelty to animals (§ 5533) or corruption of minors (§ 6301), and attempts, conspiracies or solicitations to commit them (§ 9122.3(a)(1)).
  • Anyone who has ever been convicted of a felony other than a qualifying drug offense (§ 9122.3(a)(2)(i)).
  • Anyone ever convicted of two or more offenses punishable by more than 2 years, or four or more offenses punishable by 1 year or more (§ 9122.3(a)(2)).
  • Anyone ever convicted of indecent exposure, sexual intercourse with an animal, failure to comply with sex offender registration, weapons or implements for escape, abuse of a corpse, or paramilitary training (§ 9122.3(a)(2)(iv)).
  • An otherwise eligible conviction from the same case as a conviction punishable by 5 or more years or an excluded offense. This same-case rule does not apply to qualifying drug offenses (§ 9122.3(b)).

How long you have to wait

RecordWaiting period
Charge that did not end in convictionNoneThe courts send these to the State Police within 30 days after disposition and payment of any court-ordered restitution (§ 9122.2(b)(2)(i)).
Summary offense conviction5 years from the judgment of convictionCourt-ordered restitution must be paid. Reduced from 10 years by Act 36 of 2023, effective June 11, 2024.
Second- or third-degree misdemeanor, or misdemeanor punishable by 2 years or less7 years free from conviction for any offense punishable by 1 year or moreCourt-ordered restitution must be paid. Reduced from 10 years by Act 36 of 2023, effective June 11, 2024.
Qualifying drug offense (including felonies)10 years free from conviction for any offense punishable by 1 year or moreAdded by Act 36 of 2023, effective June 11, 2024. Not available if the sentence had a minimum of 30+ months or a maximum of 60+ months.

Happens automatically. No petition or fee is needed. Each month the Administrative Office of Pennsylvania Courts sends eligible records to the State Police central repository; the State Police have 30 days to flag ineligible records or mismatches, and each county court of common pleas then issues monthly limited-access orders (18 Pa.C.S. § 9122.2(b)). If an eligible record isn't sealed, a petition under § 9122.1 remains available (§ 9122.3(c)).

How to apply

  1. Nothing to file. To check whether a record was sealed, request your own record from the State Police with form SP 4-170 (Request for Access and Review).
  2. If an eligible record wasn't sealed, file a petition for limited access under § 9122.1 in the county where the case was decided.
Where to file
Automatic through the Administrative Office of Pennsylvania Courts, the State Police central repository and county courts of common pleas.
Cost
No petition or filing fee for automatic sealing. Restitution must be paid before a conviction is sealed.
Court hearing
No
How long it takes
Non-conviction records are sent to the State Police within 30 days after disposition; conviction records are reviewed monthly once the waiting period has run.

Official forms

Sealing

Petition for limited access (sealing by petition)

Same effect as Clean Slate limited access: dissemination is limited to criminal justice agencies and listed exceptions, the person may generally respond as if the offense did not occur, and the record may not be used for employment, housing or school admission except where federal law requires (18 Pa.C.S. §§ 9122.1, 9122.5).5,6,7

What it's for: Most misdemeanors (including many first-degree misdemeanors) and ungraded offenses with a maximum penalty of 5 years or less, plus some property, fraud and drug felonies that are not first- or second-degree felonies.

Who can use it

  • A misdemeanor or ungraded offense with a maximum penalty of no more than 5 years, after 7 years free from conviction for any offense punishable by 1 year or more (§ 9122.1(a)).
  • Only these felonies, and only if not graded as first- or second-degree felonies: criminal mischief (§ 3304), criminal trespass (§ 3503), theft offenses in Chapter 39 (including retail theft and receiving stolen property), forgery and fraud offenses in Chapter 41, § 481 of the Human Services Code, or a qualifying drug offense, plus attempts, conspiracies or solicitations to commit them. The wait is 10 years free from conviction (§ 9122.1(a.1)). Other felonies can't be sealed by petition.
  • All court-ordered restitution must be paid, plus the limited access fee.
  • Counts consolidated under one docket and offense tracking number count as one conviction (§ 9122.1(b.1)).

What doesn't qualify

  • Offenses punishable by more than 2 years (for example first-degree misdemeanors) that involve danger to the person, offenses against the family, firearms, registrable sexual offenses or corruption of minors. Misdemeanor terroristic threats is an exception and can be sealed (§ 9122.1(b)(1)).
  • Anyone ever convicted of murder, a first-degree felony, or an offense punishable by 20 years or more (§ 9122.1(b)(2)(i)).
  • Anyone convicted within the previous 15 years of a felony or offense punishable by 7+ years involving danger to the person, the family, firearms or sexual offenses; of four or more offenses punishable by 2+ years; or of indecent exposure, sexual intercourse with an animal, registration violations, weapons for escape, abuse of a corpse or paramilitary training (§ 9122.1(b)(2)(ii)).
  • Anyone with two or more convictions within the previous 10 years for offenses punishable by more than 2 years (§ 9122.1(b)(2)(iii)).

How long you have to wait

RecordWaiting period
Misdemeanor or ungraded offense (max 5 years or less)7 years free from conviction for any offense punishable by 1 year or moreReduced from 10 years by Act 36 of 2023, effective February 12, 2024.
Eligible felony that is not a first- or second-degree felony (theft, forgery/fraud, criminal mischief, criminal trespass, welfare fraud, qualifying drug offense)10 years free from conviction for any offense punishable by 1 year or moreAdded by Act 36 of 2023. First- and second-degree felonies are not eligible.

How to apply

  1. Request your State Police criminal history with form SP 4-170 ($20); the petition must attach a report obtained within 60 days before filing, unless the prosecutor waives it (Pa.R.Crim.P. 791).
  2. Get the docket sheet or disposition sheet for each case (from the UJS Portal or the court that handled it).
  3. Fill out the Petition for Limited Access and the top of the proposed order, including your reasons for asking.
  4. File with the clerk of courts in the county where the case was decided, pay the fee or file a motion to proceed in forma pauperis, and serve the district attorney.
  5. The district attorney has 30 days to consent or object. If no one objects, the court may grant the petition without a hearing; otherwise the judge schedules one.
Where to file
Clerk of courts for the court of common pleas in the county where the charges were decided, even if a magisterial district judge handled the case.
Cost
Set by each county clerk of courts. Erie County and Indiana County list $132 per petition. The State Police record check (SP 4-170) costs $20. Other copies, such as a $5 certified order in Indiana County, may cost extra.
If you can't pay
You can ask to file without paying. The Unified Judicial System publishes a Motion to Proceed In Forma Pauperis for the courts of common pleas. In a 2019 order, Philadelphia's First Judicial District waived filing fees for expungement and limited access petitions filed by volunteer attorneys at one clinic, for participants the volunteers found eligible to proceed in forma pauperis, which shows such waivers are used for these petitions. Ask your county clerk how it handles fee waivers for criminal petitions.
Court hearing
Sometimes
How long it takes
The district attorney has 30 days to respond; the judge rules or schedules a hearing within 14 days after that. Unless the Commonwealth consented, a granted order is stayed for 30 days for a possible appeal (Pa.R.Crim.P. 791).

Official forms

Expungement

Expungement

Expungement removes the arrest or conviction from the Pennsylvania criminal history record, except for law enforcement and court officials (Pennsylvania State Police). Prosecutors and the central repository keep a limited list of people whose records were expunged, used only to check eligibility for diversion programs, identify people in investigations, and grade later offenses (18 Pa.C.S. § 9122(c)).1,11,12

What it's for: Non-conviction records, summary convictions, records of people 70 or older or deceased, pardoned convictions, completed ARD, and some underage drinking convictions.

Who can use it

  • Charges ending in acquittal on all counts after trial; the record must be expunged within 12 months unless the Commonwealth objects (§ 9122(a)(4)).
  • Non-conviction data a court orders expunged, and arrests with no disposition 18 months after arrest (§ 9122(a)).
  • Summary offense convictions, after 5 years free of arrest or prosecution following the conviction (§ 9122(b)(3)).
  • People 70 or older who have been free of arrest or prosecution for 10 years after final release from confinement or supervision (§ 9122(b)(1)).
  • People who have been dead for 3 years (§ 9122(b)(2)).
  • Convictions covered by an unconditional pardon; under Act 36 of 2023, the Board of Pardons notifies the courts quarterly and the court orders expungement (§ 9122(a)(2.1), (a.1)).
  • Underage drinking convictions (§ 6308) for people now 21 or older who completed the sentence (§ 9122(a)(3)).
  • Charges dismissed after successful completion of Accelerated Rehabilitative Disposition (ARD) or other diversion; for DUI, 75 Pa.C.S. § 3807(e) bars expungement only when ARD is not completed.

What doesn't qualify

  • Misdemeanor and felony convictions, unless pardoned or the person is 70 or older or deceased.
  • ARD arrest records for listed sex offenses where the victim was under 18 (§ 9122(b.1)).

How long you have to wait

RecordWaiting period
Summary offense conviction5 years free of arrest or prosecution after the conviction
Misdemeanor or felony conviction (no pardon)Age 70 and 10 years free of arrest or prosecution after final release
Acquittal of all chargesNoneCommonwealth has 60 days to object; expungement no later than 12 months after acquittal.

Some records clear automatically. Since Act 36 of 2023 (provisions effective June 11, 2024), expungement after an unconditional pardon starts automatically through quarterly notices from the Board of Pardons to the courts. Other expungements need a petition.

How to apply

  1. Request your State Police record with form SP 4-170 ($20).
  2. Use the Rule 490 petition for summary offenses or the Rule 790 petition for other cases.
  3. File with the clerk of courts in the county where the case was handled, attach your State Police record and docket sheets, and pay the county fee or file to proceed in forma pauperis.
  4. The clerk sends the petition to the district attorney and the court; a hearing may be scheduled.
Where to file
Clerk of courts in the county where the arrest or case was handled.
Cost
Set by each county clerk of courts; Indiana County lists $132 per expungement petition and Erie County lists $132. The State Police record check costs $20.
If you can't pay
You can ask to file without paying. File a Motion to Proceed In Forma Pauperis (UJS form) with the petition; ask the clerk how your county handles it.
Court hearing
Sometimes

Official forms

Automatic clearing

Pennsylvania's Clean Slate law (Act 56 of 2018) began automatically sealing eligible records on June 28, 2019. Act 36 of 2023 (House Bill 689, signed December 14, 2023) expanded it. The petition-sealing changes took effect February 12, 2024. The automatic-sealing changes (the 7-year misdemeanor wait, the 5-year summary offense wait and the new drug-felony track) and automatic expungement after a pardon took effect June 11, 2024. Today the law automatically seals non-conviction records, summary convictions after 5 years, second- and third-degree misdemeanors (and misdemeanors punishable by 2 years or less) after 7 conviction-free years, and qualifying drug felonies after 10 years, once court-ordered restitution is paid. Records involving danger to the person, the family, firearms, sex offenses, animal cruelty or corruption of minors, and people with other felony convictions, are excluded.1,3,5

DUI and DWI records in Pennsylvania

Many DUI convictions can be sealed; felony DUIs can't. A first or second DUI is usually an ungraded misdemeanor with a maximum of 6 months (75 Pa.C.S. § 3803), so it falls under Clean Slate's rule for misdemeanors punishable by 2 years or less: automatic sealing after 7 years free from conviction for any offense punishable by 1 year or more, once restitution is paid, if the person has no disqualifying record (for example, no felony conviction other than a qualifying drug offense). A third DUI under the general impairment rule is a second-degree misdemeanor, a grade that can also qualify for automatic sealing. First-degree misdemeanor DUIs (for example, with a minor in the car or a second higher-BAC or refusal offense) can be sealed only by petition after 7 years. Third-degree and second-degree felony DUIs are not on the list of felonies that can be sealed. Community Legal Services lists DUI among misdemeanors that can be sealed. DUI charges dismissed after completing ARD can be expunged; § 3807(e) bars expungement when ARD is not completed. People with a prior DUI or ARD within 10 years, an accident causing death or serious bodily injury to someone else, or a passenger under 14 aren't eligible for DUI ARD (§ 3807(a)(2)). We did not confirm how sealing or ARD expungement affects PennDOT driving records.1,5,12,14,15

Arrests and dismissed charges

Charges that ended in anything other than a conviction (dismissal, withdrawal, acquittal) are sealed automatically under Clean Slate; the courts send them to the State Police within 30 days after disposition and payment of any court-ordered restitution (18 Pa.C.S. § 9122.2). For full removal, a person can petition for expungement of non-conviction records under Pa.R.Crim.P. 790. Acquittals of all charges after trial are expunged on the court's notice unless the Commonwealth objects within 60 days, and must be expunged within 12 months (§ 9122(a)(4)). Charges dismissed after completing ARD can also be expunged.1,7,11

Marijuana records

We found no marijuana-specific sealing or expungement law in effect. Marijuana possession convictions under section 13 of the Controlled Substance, Drug, Device and Cosmetic Act count as 'qualifying offenses' and can be sealed automatically after 10 conviction-free years (or by petition), unless the sentence had a minimum of 30+ months or a maximum of 60+ months. Misdemeanor drug convictions can also qualify under the general misdemeanor rules.1

What employers can see afterward

Any employer that gets criminal history information may consider felony and misdemeanor convictions only to the extent they relate to the applicant's suitability for the job, and must tell the applicant in writing if the decision not to hire was based in whole or part on that information (18 Pa.C.S. § 9125). Records sealed by limited access or expunged may not be used for employment decisions, and applicants may respond as if the offense did not occur, except where federal law requires an employer to consider criminal history (§ 9122.5). Employers that hire someone with a sealed or expunged record get immunity from claims based on the sealed part of the record (§ 9122.6). We did not find a statewide 'ban the box' law for private employers; Philadelphia has its own local fair-chance ordinance, which we did not review.1

Free help in Pennsylvania

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.16,17,18
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.19,20

This page explains Pennsylvania's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Pennsylvania?" https://secondchanceindex.com/record-clearing/pennsylvania, checked October 21, 2026.

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Sources

Each source was opened and checked on October 21, 2026.

  1. 18 Pa.C.S. §§ 9122.2, 9122.3
  2. 18 Pa.C.S. § 9122.3. ExceptionsPennsylvania General Assembly
  3. Fiscal Note, House Bill 689, Printer's No. 2310 (Dec. 13, 2023)Pennsylvania House Appropriations Committee
  4. Apply for Criminal Record ExpungementPennsylvania State Police
  5. 18 Pa.C.S. § 9122.1
  6. Pa.R.Crim.P. 791. Petition and Order for Limited AccessPennsylvania Code and Bulletin
  7. Forms for the PublicUnified Judicial System of Pennsylvania
  8. Limited Access InstructionsErie County Clerk of Courts
  9. Expungement InformationIndiana County (PA) Clerk of Courts
  10. Administrative Docket No. 13 of 2019First Judicial District of Pennsylvania
  11. 18 Pa.C.S. § 9122. Expungement (single-section page; its history note stops at Act 83 of 2020, so the Act 36 pardon provisions are read from the Chapter 91 file)Pennsylvania General Assembly
  12. 75 Pa.C.S. § 3807. Accelerated Rehabilitative DispositionPennsylvania General Assembly
  13. Clean Slate 3.0Legal Aid of Southeastern Pennsylvania
  14. 75 Pa.C.S. § 3803. GradingPennsylvania General Assembly
  15. My Clean SlateCommunity Legal Services of Philadelphia
  16. List of consumer reporting companiesConsumer Financial Protection Bureau
  17. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  18. Employer Background Checks and Your RightsFederal Trade Commission
  19. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  20. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)