Some criminal records are automatically sealed once enough crime-free years have passed, while others are only sealed when the defendant files a petition with the court that tried them. Our lawyers can explain how these rules affect your conviction and why sealing your records is beneficial.
The Clean Slate Law automatically seals criminal records for many summary offenses, misdemeanors, and even some low-level, non-violent felony drug offenses. You cannot reoffend during the waiting period, which is 5, 7, or 10 years, depending on the conviction. If a conviction is not eligible for automatic sealing, we can file a petition with the court to have the case sealed after 10 years if you meet other eligibility criteria.
Schedule your confidential, free case evaluation with Kenny, Burns & McGill by calling our Lansdale, PA criminal defense lawyers at (215) 423-5500.
How Does Automatic Sealing of a Criminal Record Work in Pennsylvania?
Pennsylvania’s Clean Slate Law automatically seals certain records when all requirements are met, easing the need for some to petition to have their records sealed.
Eligible Convictions
Automatic sealing of a criminal record applies to many summary convictions, as well as to misdemeanor convictions with sentences of no more than 2 years in prison. The law was recently expanded to include certain low-level, non-violent felony drug and property offenses, and the change was retroactive, automatically sealing records that were previously ineligible.
No Reoffending
To qualify for automatic sealing of your criminal record under Pennsylvania’s Clean Slate Law, you cannot reoffend after your conviction. Being convicted of another charge disqualifies you from automatic sealing of your record, even if the new offense is totally unrelated to the original case.
Waiting Period for Automatic Sealing
Automatic sealing of criminal records in Pennsylvania happens after 5 years for summary convictions, 7 years for misdemeanors, and 10 years for eligible felonies. The timer begins to count down once you’ve paid all fines and restitution, completed probation, or served your prison sentence. We can help you check whether your record has been sealed if you are eligible and outside the waiting period.
Paying Fines
Even if 7 years have passed since a misdemeanor case in Pennsylvania, your record will not be automatically sealed if you still owe money toward court-ordered fines, restitution, and court fees. When handling your case, we can ensure you fully understand your financial obligations and how to satisfy them so you qualify for automatic sealing when the time comes.
How Does Petition-Based Sealing of a Criminal Record Work in Pennsylvania?
Criminal records can also be sealed via petition, which our lawyers can help you file in Pennsylvania.
Who is Eligible to File a Petition to Seal a Criminal Record?
Offenses not eligible for automatic sealing under the Clean Slate Act, such as those that carry a prison sentence of over 2 years, may still be sealed by filing a petition in court. Felonies are not eligible for sealing via petition, and this applies only to misdemeanors that aren’t automatically sealed after 7 years.
How Long Until You Can File a Petition to Seal Your Criminal Record?
Petition-based sealing of a criminal record can occur only if the defendant has been crime-free for 10 years after paying fines or serving jail time, which is longer than the waiting period for automatic sealing for eligible misdemeanors.
How Do You File a Petition to Seal Your Criminal Record?
Our Pennsylvania criminal defense lawyers can help you prepare and file a Petition for Order for Limited Access (Form 791) if enough time has passed since the case. This petition is filed with the court where you were charged and tried.
After receiving the petition, the current attorney general has 30 days to either consent to or object to it. The judge can then grant or deny the petition, with or without a hearing.
FAQs About Sealing a Criminal Record in Pennsylvania
What Does it Mean to Seal Your Criminal Record?
Sealing your criminal record means shielding it from public view, preventing a previous conviction from affecting your housing or employment opportunities. If your record is sealed, it is still viewable by law enforcement and the courts.
Is Sealing a Criminal Record Different from Expunging It?
Expunging a criminal conviction erases it, and it will be as though you were never convicted of a crime. That differs from sealing a record, which only stops the public from viewing it.
Can You Seal Your Entire Criminal Record in Pennsylvania?
You can’t seal any criminal case in Pennsylvania, including most felonies. Violent and sex offenses can’t be sealed or expunged.
How Does Sealing a Record Work if You Were Never Convicted?
If you were arrested but never convicted of a crime in Pennsylvania, you may be eligible to have your record sealed sooner. Dismissals, withdrawn charges, and not-guilty verdicts may be sealed after 30 days.
Who Can’t Seal Their Criminal Records in Pennsylvania?
If you were arrested and convicted of another crime since the initial case, you will not qualify for automatic sealing in Pennsylvania. Instead, our lawyers can file a petition to seal your record after you meet the time requirement.
Do You Need an Attorney to Seal Your Criminal Record in Pennsylvania?
While some records are automatically sealed after a certain period, others require defendants to file petitions to have their records sealed. Our lawyers can help with that and check to make sure your record was automatically sealed when it should have been.
Is Sealing Your Criminal Record Always Worth It?
Sealing your criminal record is worth it, especially if a previous misdemeanor or low-level felony conviction is negatively affecting your employment and housing opportunities in Pennsylvania. Landlords and employers can’t see a sealed record.
Get Our Help with Your Criminal Case in Pennsylvania
Call Kenny, Burns & McGill’s Lehigh Valley, PA criminal defense lawyers at (215) 423-5500 to discuss your case for free.
