Pennsylvania Clean Slate Act: Automatic Sealing and How to Petition
Pennsylvania pioneered Clean Slate with Act 56. Automatic sealing for nonviolent misdemeanors after 10 years. Learn about ARD, summary offenses, and Clean Slate 3.0.
Pennsylvania was one of the first states in the country to pass a Clean Slate law, and it has expanded it twice since. The original Clean Slate Act (Act 56 of 2018) introduced automatic sealing for certain nonviolent misdemeanors. Clean Slate 2.0 (Act 83 of 2020) added more categories and streamlined the process. And Clean Slate 3.0 (effective February 2024) expanded automatic sealing to include certain second- and third-degree felonies — a significant step that put Pennsylvania ahead of most states.
What makes Pennsylvania interesting is that it has both automatic sealing (Clean Slate) and petition-based expungement running in parallel. For some records, the state seals them automatically without you doing anything. For others, you need to file a petition and pay a $132 filing fee. Understanding which track applies to your record is the first step.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
Expungement vs. Clean Slate sealing — the difference matters
Pennsylvania law draws a distinction between expungement and sealing (limited access), and the terms are not interchangeable:
Expungement means the record is destroyed. The Pennsylvania State Police remove it from the criminal history database. Court records are physically destroyed or permanently sealed. After expungement, the record does not exist in any state database. Expungement is available for: dismissed charges, ARD completions, summary offenses after 5 years, and a few other specific categories.
Sealing (limited access / Clean Slate) means the record is hidden from public view but not destroyed. It no longer appears on PATCH background checks or commercial background check databases. But law enforcement, courts, and certain government agencies retain access. Sealing is what happens automatically under the Clean Slate Act for eligible misdemeanors and felonies after 10 years.
For most practical purposes — getting a job, renting an apartment, applying for a loan — both achieve the same result: the record does not show up. But expungement is more thorough, and it is only available for a narrower set of records.
What the Clean Slate Act covers — and what it expanded
The Clean Slate Act operates automatically. The Pennsylvania State Police and the Administrative Office of Pennsylvania Courts run database queries to identify eligible records and seal them without anyone filing a petition. Here is what each version covers:
- Original Act 56 (2018): Automatic sealing of nonviolent 2nd and 3rd degree misdemeanors with sentences under 2 years, after 10 years conviction-free
- Clean Slate 2.0 (Act 83, 2020): Expanded to include additional misdemeanor categories and streamlined the process
- Clean Slate 3.0 (effective February 2024): Added nonviolent 2nd and 3rd degree felonies with sentences under 7 years, after 10 years conviction-free
- All versions: Summary offenses sealed after 10 years (the 5-year petition route is faster for these)
- All versions: All fines, costs, and restitution must be fully paid. Sentence must be complete. No new convictions during the waiting period.
Clean Slate runs on an ongoing basis. If your record becomes eligible, it will eventually be sealed automatically. There is no way to 'apply' for Clean Slate — it happens on its own.
ARD — Pennsylvania's diversion program and expungement
Accelerated Rehabilitative Disposition (ARD) is Pennsylvania's primary diversion program. It is commonly offered for first-time DUI offenders, nonviolent first-time offenders, and other cases where the DA believes diversion is more appropriate than prosecution. If you complete ARD, the charges are dismissed.
After completing ARD, you may petition for true expungement — not just sealing, but actual destruction of the record. This is one of the most straightforward expungement pathways in Pennsylvania. You file a petition, pay the $132 fee, the DA typically does not object, and the court grants the expungement.
If you completed ARD and have not yet petitioned for expungement, this should be at the top of your list. It is one of the easiest and most complete forms of record relief available in Pennsylvania.
Who qualifies — and who does not
May qualify
- Summary offense convictions after 5 years arrest-free (petition-based expungement)
- Nonviolent misdemeanors (2nd/3rd degree) with sentences under 2 years, after 10 years (automatic Clean Slate sealing)
- Nonviolent felonies (2nd/3rd degree) with sentences under 7 years, after 10 years (Clean Slate 3.0)
- ARD (Accelerated Rehabilitative Disposition) completion — eligible for true expungement
- Charges dismissed by the court
- Not guilty verdicts (acquittals)
- Charges not filed within 18 months of arrest
- Underage drinking convictions after turning 21 and completing sentence (18 Pa.C.S. § 6308)
- People aged 70+ with 10 years since last conviction
- Deceased persons (family may petition)
Generally does not qualify
- Most felony convictions (1st degree felonies are generally ineligible)
- Violent offenses as defined in 18 Pa.C.S. § 9122.1 (for Clean Slate)
- Sex offenses requiring registration under Megan's Law
- DUI convictions (generally not eligible for Clean Slate — specific analysis required)
- Offenses involving firearms (for Clean Slate automatic sealing)
- Cruelty to animals
- Corruption of minors involving a sexual offense
- Any case where sentence is not complete or fines are unpaid
- Any case with pending charges
Pennsylvania's eligibility landscape has expanded significantly since 2018. If you checked before Clean Slate 3.0 (February 2024) and were told your felony was ineligible, check again — the law now covers certain 2nd and 3rd degree felonies.
Waiting periods
Pennsylvania's waiting periods depend on the type of offense and which pathway you are using. For Clean Slate automatic sealing, the clock runs from the date of conviction and requires 10 years conviction-free. For petition-based expungement of dismissed charges and ARD completions, there is no waiting period beyond the case being resolved.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Summary offenses (lowest level)
Clock starts: Date of conviction
Eligible for petition-based expungement after 5 years arrest-free. Also eligible for automatic Clean Slate sealing.
Nonviolent misdemeanors (2nd and 3rd degree, sentence under 2 years)
Clock starts: Date of conviction
Eligible for automatic sealing under Clean Slate after 10 years with no new convictions. Must have completed all sentences and paid all fines.
Nonviolent felonies (2nd and 3rd degree, sentence under 7 years)
Clock starts: Date of conviction
Added by Clean Slate 3.0 (effective February 2024). Eligible for automatic sealing after 10 years conviction-free.
ARD completion (Accelerated Rehabilitative Disposition)
Clock starts: Date ARD program completed
Once you successfully complete ARD, charges are dismissed. You may petition for expungement of the ARD record. This is a true expungement, not just sealing.
Charges dismissed or not guilty verdict
Clock starts: Date of disposition
You can petition for expungement as soon as the case concludes in your favor.
Charges not filed within 18 months of arrest
Clock starts: Date of arrest
If no charges are filed within 18 months of arrest, you may petition for expungement of the arrest record.
Age 70+ with 10 years crime-free
Clock starts: Date of most recent conviction
Pennsylvanians aged 70 and older with 10 years since their last conviction may petition for expungement of any offense.
How to file for expungement in Pennsylvania
If your record is eligible for automatic Clean Slate sealing, you do not need to file anything — the state handles it. But if you want petition-based expungement (for ARD completions, dismissed charges, or summary offenses), here is the process.
The petition-based expungement process in Pennsylvania
- 1
Get your Pennsylvania criminal history (PATCH)
Instant (online) to 2 weeks (mail)$22Request your official criminal history from the Pennsylvania State Police through the PATCH system (Pennsylvania Access to Criminal History). This is available online at patch.com/pennsylvania or through the Pennsylvania State Police website. The record shows every arrest and conviction in Pennsylvania.
The online PATCH check gives you results immediately. However, for court purposes you may need an official certified record from the Pennsylvania State Police — check with your county clerk.
- 2
Check if Clean Slate already sealed your record
15 minutesFree (already paid for PATCH)Before filing a petition, check whether your record has already been automatically sealed under the Clean Slate Act. Pennsylvania State Police and the Administrative Office of Pennsylvania Courts identify eligible records through database analysis and seal them without individual action. Your PATCH results will show whether records have been sealed.
If your PATCH check shows no record for an offense you know existed, Clean Slate may have already sealed it. That means it is working as intended.
- 3
Determine which pathway applies
30 minutesFreePennsylvania has multiple pathways: (1) Automatic Clean Slate sealing for eligible offenses after 10 years; (2) Petition-based expungement for dismissed charges, ARD completion, and summary offenses after 5 years; (3) Petition for limited access (sealing) for offenses not covered by automatic Clean Slate. Determine which pathway applies to your specific record.
- 4
Obtain court records
1-5 daysVaries by county, typically $5-$20Get certified copies of your case records from the Clerk of Courts in the county where you were convicted. You need the docket number, charges, disposition, sentence, and completion date. Pennsylvania courts use an online system called the Unified Judicial System Web Portal at ujsportal.pacourts.us.
- 5
Prepare the petition
1-3 hoursFreeFor petition-based expungement, prepare the petition following the format required by your county. Pennsylvania does not have a single statewide form — each county may have its own requirements. Many counties provide expungement petition packets on their Clerk of Courts website. For ARD expungement, use the specific ARD expungement petition form.
Check your county Clerk of Courts website for local forms and instructions. Many counties have self-help packets specifically for expungement.
- 6
File the petition with the Clerk of Courts
1 day$132 filing fee (may vary slightly by county)File your completed petition with the Clerk of Courts in the county where your case was handled. Pay the filing fee. The clerk will process your petition and notify the District Attorney.
If the filing fee is a hardship, ask about fee waiver options. Legal aid organizations may be able to help with fee waivers for income-eligible petitioners.
- 7
District Attorney review
30-60 daysFreeThe District Attorney is notified and has the opportunity to object. For straightforward cases — dismissed charges, ARD completions, summary offenses — most DAs do not object. For more complex petitions, the DA may request a hearing.
- 8
Hearing (if required) and court order
30-60 minutes for hearing; 30-60 days for record updateFree (attorney fees separate if hired)If the DA objects or the judge wants more information, a hearing is scheduled. Bring documentation of rehabilitation and explain how the record is affecting your life. If the court grants the petition, the order is sent to the Pennsylvania State Police, which updates the state criminal history database.
For ARD expungement and dismissed charges, hearings are rare. The court usually rules on the paperwork. For conviction-related petitions, be prepared for a hearing.
What to gather before filing
- Pennsylvania PATCH criminal history ($22 from patch.com/pennsylvania)
- Court records from the Clerk of Courts — docket number, charges, disposition, sentence
- Proof of ARD completion (if filing ARD expungement) — program completion letter
- Completed expungement petition (check your county Clerk of Courts for local forms)
- Filing fee ($132, check with your county for exact amount)
- Fee waiver application if income-eligible
- Government-issued photo ID
- Two copies of everything
The $132 filing fee is per case, not per charge. If you have multiple cases in the same county, you may need to file and pay separately for each.
What expungement and sealing do — and their limits
- Clean Slate sealing is NOT expungement — sealed records still exist and are accessible to law enforcement, courts, and certain government agencies
- Sealed records do not appear on PATCH or commercial background checks — that is the practical benefit
- Federal records (FBI databases) are not affected by state expungement or sealing orders
- Certain employers retain access to sealed records: law enforcement agencies, schools, healthcare facilities, and other entities listed in the statute
- Professional licensing boards for healthcare, law, education, and other regulated professions may still access sealed records
- Immigration consequences under federal law are not resolved by state expungement or sealing
- Private background check companies may lag — run a check on yourself and dispute lingering records
- DUI convictions are generally not eligible for Clean Slate automatic sealing (specific analysis needed)
For most employment and housing purposes, both expungement and Clean Slate sealing achieve the same result: the record does not appear on the background checks that employers and landlords actually run.
Free and low-cost legal help in Pennsylvania
- Legal Aid of Southeastern Pennsylvania — free legal help including expungement clinics: lasp.org
- Community Legal Services (Philadelphia) — free legal help: clsphila.org or 215-981-3700
- MidPenn Legal Services — serves Central Pennsylvania: midpenn.org
- Neighborhood Legal Services Association — serves Western Pennsylvania: nlsa.us
- Philadelphia Lawyers for Social Equity — specializes in Clean Slate and expungement: plsephilly.org
- Pennsylvania Institutional Law Project — pilp.org
- Unified Judicial System Self-Help page — forms and resources: pacourts.us/learn/representing-yourself
- Pennsylvania Bar Association Lawyer Referral Service: pabar.org
Philadelphia Lawyers for Social Equity (PLSE) has extensive experience with Clean Slate and expungement petitions. They host free clinics throughout the Philadelphia area.
Pennsylvania's Clean Slate Act was designed to happen in the background — records seal themselves after 10 years without you doing anything. But if you completed ARD and have not yet petitioned for expungement, or if you have dismissed charges still showing on your record, the petition process is available now. The free eligibility checker can help you figure out which pathway — automatic sealing or petition-based expungement — applies to your situation.
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