How to Get an Expungement in Pennsylvania — 2026 Guide
This content is for informational purposes only and does not constitute legal advice. Consult a licensed Pennsylvania attorney for advice specific to your situation.
A criminal record can limit your job opportunities, housing applications, and professional licenses for years. Pennsylvania offers multiple pathways to clear or seal criminal records — including automatic Clean Slate sealing and traditional petition-based expungement.
This guide explains who qualifies for expungement in Pennsylvania, how the Clean Slate law works, and how to file for expungement step by step.
What Is Expungement?
Expungement is the legal process of destroying or sealing criminal records so they no longer appear on most background checks. Under Pennsylvania law (18 Pa.C.S. § 9122), qualifying individuals can have arrests, charges, and certain convictions removed from public records.
Limited access (also called "sealing") under Pennsylvania's Clean Slate law means the record still exists but is hidden from most employers and the public. Only criminal justice agencies can access sealed records.
After expungement or sealing, you can legally answer "no" on most job applications when asked if you've been arrested or convicted of the cleared offense.
Pennsylvania's Three Pathways to a Clean Record
Pennsylvania offers three distinct ways to clear your record:
1. Traditional Expungement (18 Pa.C.S. § 9122)
Complete destruction of records. Available for:
- Charges that were dismissed, withdrawn, or nolle prossed
- Acquittals (not guilty verdicts) — now automatic in many cases
- Summary offenses after 5 years with no new arrests
- Underage drinking convictions (§ 6308) after age 21
- Pardoned convictions
- ARD (Accelerated Rehabilitative Disposition) completions
- Records of someone deceased for 3+ years or age 70+ with 10 years arrest-free
2. Clean Slate Automatic Sealing (18 Pa.C.S. § 9122.2)
Records are automatically hidden from public view. No petition required. Applies to:
- Misdemeanor convictions (2nd and 3rd degree, or punishable by 2 years or less) after 7 years conviction-free
- Qualifying felonies (non-violent, 3rd degree) after 10 years conviction-free
- Summary convictions after 5 years
- Non-conviction dispositions (dismissed charges, acquittals) — automatic within 30 days
3. Petition-Based Limited Access (18 Pa.C.S. § 9122.1)
If you don't qualify for automatic Clean Slate, you can petition the court to seal qualifying misdemeanors and certain felonies.
Who Qualifies for Expungement in Pennsylvania?
Dismissed Charges and Acquittals
If your charges were dismissed, withdrawn, or you were acquitted at trial, you are eligible for expungement. As of 2020, full acquittals are automatically expunged within 12 months unless the prosecutor objects (18 Pa.C.S. § 9122(a)(4)).
ARD (Accelerated Rehabilitative Disposition)
If you completed Pennsylvania's ARD program successfully, you may petition for expungement. ARD is a pretrial diversion program often used for first-time offenders.
Important exception: ARD for certain sex offenses against minors cannot be expunged (18 Pa.C.S. § 9122(b.1)).
Summary Offenses
Pennsylvania allows expungement of summary offense convictions if:
- 5 years have passed since the conviction
- You have been free of arrest or prosecution during that period
- All court-ordered restitution is paid
(18 Pa.C.S. § 9122(b)(3))
Juvenile Records
Juvenile records in Pennsylvania have their own expungement process under 18 Pa.C.S. § 9123. Generally:
- Dismissed or unsubstantiated complaints — expungeable immediately
- Informal adjustment completion — 6 months after completion
- Consent decree/diversion completion — 6 months after discharge
- Summary offense conviction (committed under age 18) — 6 months after sentence completion (if now 18+)
- Misdemeanor adjudication — 2 years after discharge
- Felony adjudication or certain firearm/sex misdemeanors — 5 years after discharge
Ineligible Offenses
The following cannot be expunged or sealed in Pennsylvania:
- Murder and felonies of the first or second degree
- Sex offenses requiring registration under Megan's Law
- Violent offenses against persons (Article B of Part II)
- Firearms offenses (Chapter 61)
- Offenses against the family (Article D of Part II)
- Crimes punishable by 20+ years imprisonment
- Four or more convictions punishable by 2+ years each
- Certain recent convictions within the past 10-15 years involving violent or sexual offenses
(18 Pa.C.S. § 9122.1(b))
Clean Slate 2.0: Automatic Sealing (2023 Law)
Pennsylvania's Clean Slate law was significantly expanded in 2023. The system automatically seals qualifying records — you do not need to file anything.
What Gets Automatically Sealed?
| Record Type | Waiting Period | Requirements |
|---|---|---|
| Misdemeanor (2nd/3rd degree or ≤2 years) | 7 years conviction-free | All restitution paid |
| Qualifying felonies (3rd degree, non-violent) | 10 years conviction-free | All restitution paid |
| Summary convictions | 5 years | All restitution paid |
| Non-conviction dispositions | 30 days | None |
| Conditional pardons | Immediate | Pardon granted |
Clean Slate Exceptions
Even if you meet the waiting period, sealing is not available for:
- Offenses punishable by more than 2 years that are violent, sexual, or firearm-related
- Anyone with a murder, first-degree felony, or 20+ year offense conviction
- Anyone with 4+ convictions punishable by 2+ years each
- Certain recent violent or sexual convictions within the past 10-15 years
How to File for Expungement in Pennsylvania: Step-by-Step
Step 1: Determine Your Eligibility
Review your Pennsylvania criminal record. Request your Pennsylvania Access to Criminal History (PATCH) report from the Pennsylvania State Police online at epatch.state.pa.us.
Confirm:
- The offense qualifies for expungement or sealing
- The required waiting period has passed
- All fines, costs, and restitution are paid
- You have no disqualifying convictions
Step 2: Obtain Your Case Documents
You'll need information from the original case:
- Case number and docket number
- Court where the case was heard (Court of Common Pleas or Magisterial District Court)
- Date of arrest, charges, and disposition
- OTN (Offense Tracking Number)
Contact the clerk of the Court of Common Pleas in the county where your case was heard.
Step 3: Complete the Expungement Petition
The Petition for Expungement must be filed in the Court of Common Pleas where the original case was heard. The petition typically includes:
- Your personal information
- Case identifying information (docket number, OTN)
- The offense you're seeking to expunge
- Legal basis for expungement (dismissal, ARD completion, summary offense, etc.)
jurisdiction-correct Pennsylvania expungement documents from Jurist-Diction are formatted to your county's court requirements — starting at $47.
Templates are for informational purposes only and do not constitute legal advice.
Step 4: File the Petition and Pay the Fee
File your petition with the Clerk of Court of Common Pleas in the county where the offense occurred.
Filing fees vary by county — typically $50–$150. Some counties waive fees for dismissed charges.
Keep copies of everything you file.
Step 5: Serve the District Attorney
Pennsylvania law requires 10 days' notice to the District Attorney before the court acts on an expungement petition (18 Pa.C.S. § 9122(f)). The DA has the right to object.
Most expungements for dismissed charges and ARD completions proceed without objection.
Step 6: Attend Your Hearing (If Required)
For many expungements — especially dismissed charges and ARD completions — no hearing is required. The judge reviews the paperwork and signs the order.
For more complex cases or contested petitions, the court may schedule a hearing. If required:
- Dress professionally
- Bring copies of all documents
- Be prepared to explain why expungement is appropriate
Step 7: Receive Your Expungement Order
If the judge grants your petition, you'll receive a signed Expungement Order. Get multiple certified copies — you may need them.
Step 8: Records Are Cleared
The court sends notice to the Pennsylvania State Police central repository, which notifies all agencies holding your records. This process can take several weeks to months.
How Long Does Expungement Take in Pennsylvania?
| Type | Typical Timeline |
|---|---|
| Clean Slate automatic sealing | Automatic — no action needed |
| Dismissed charges | 30–90 days from filing |
| ARD completion | 30–90 days |
| Summary offense | 60–120 days |
| Contested petitions | 3–6+ months |
After the order is granted, it can take additional weeks or months for records to be fully removed from all databases.
What Happens After Expungement or Sealing?
After Expungement (Full Destruction)
- The record is destroyed and removed from public access
- Most employers, landlords, and licensing boards cannot see the record
- You can legally answer "no" to questions about the expunged arrest or conviction on most applications
- Federal records may still exist — expungement is a state remedy
After Clean Slate Sealing (Limited Access)
- The record is hidden from public view but not destroyed
- Most private employers cannot see sealed records
- Criminal justice agencies can still access sealed records
- Certain employers (schools, healthcare, law enforcement) may still see sealed records under specific circumstances
Important Exceptions
Even after expungement or sealing, you may need to disclose when:
- Applying for professional licenses in Pennsylvania
- Applying to work in law enforcement, education, or healthcare
- Applying for federal employment or security clearances
- Subject to FBI background checks
Always review specific disclosure requirements for any application.
The Cost of Expungement in Pennsylvania
| Type | Court Filing Fee | Attorney Fee (Typical) | Jurist-Diction Templates |
|---|---|---|---|
| Dismissed charge | $0–$100 | $500–$1,500 | $47 |
| ARD completion | $50–$150 | $500–$2,000 | $47 |
| Summary offense | $50–$150 | $750–$2,500 | $47 |
| Clean Slate sealing | $0 (automatic) | N/A | N/A |
Pennsylvania Legal Aid Resources
If you cannot afford an attorney, these LSC-funded legal aid organizations in Pennsylvania may help:
- Philadelphia Legal Assistance — 215-981-3800 — serves Philadelphia County
- Community Legal Services — 215-981-3700 — serves Philadelphia County
- MidPenn Legal Services — 800-326-9177 — serves central PA counties
- Southwestern Pennsylvania Legal Aid — 800-245-3222 — serves southwestern PA
- Legal Aid of Southeastern Pennsylvania — 877-529-4187 — serves Bucks, Chester, Delaware, Montgomery counties
- NorthPenn Legal Services — 877-953-4250 — serves northeastern PA
Find more at lsc.gov/find-legal-aid.
Expungement FAQs: Pennsylvania
Will my expunged record show up on a background check?
For most private background checks and state records, no. FBI and federal databases may retain information. The accuracy of background checks varies by provider.
What's the difference between expungement and Clean Slate sealing?
Expungement destroys the record. Clean Slate sealing hides it from public view but keeps it accessible to criminal justice agencies. Both allow you to answer "no" on most job applications.
Can I expunge a DUI in Pennsylvania?
DUI convictions generally cannot be expunged unless you receive a pardon from the Governor. However, if you completed ARD for a DUI, you may petition to expunge the ARD record.
Can I expunge a felony in Pennsylvania?
Most felony convictions cannot be expunged without a pardon. However, certain qualifying third-degree felonies can be sealed under Clean Slate or by petition after 10 years.
How do I get a pardon in Pennsylvania?
Apply through the Pennsylvania Board of Pardons. The process takes 2–4 years typically. If granted, the conviction becomes eligible for expungement.
Does expungement restore my gun rights?
Expungement may help, but firearm rights restoration involves additional federal and state law considerations. Consult a Pennsylvania firearms attorney.
Do I need a lawyer for expungement?
Not legally required, but recommended for contested cases or complex situations. Many straightforward expungements (dismissed charges, ARD) are filed pro se or with template documents.
Take the Next Step
A clean record can open doors that have been closed for years. Whether you qualify for automatic Clean Slate sealing or need to file a petition, starting the paperwork is the most important step.
Jurist-Diction's jurisdiction-correct Pennsylvania expungement petition and supporting documents are state-specific, court-formatted, and ready to file — starting at $47.
Templates are for informational purposes only and do not constitute legal advice. For complex situations or if you're unsure about eligibility, consult a licensed Pennsylvania criminal defense attorney.
Controlling Statutes
- 18 Pa.C.S. § 9122 — Expungement
- 18 Pa.C.S. § 9122.1 — Petition for Limited Access
- 18 Pa.C.S. § 9122.2 — Clean Slate Limited Access
- 18 Pa.C.S. § 9122.3 — Exceptions to Clean Slate
- 18 Pa.C.S. § 9123 — Juvenile Records Expungement
Last updated: March 2026 | Jurist-Diction covers expungement documents for: NY, NJ, PA, MD, DE, MS, TN