PENNSYLVANIA EXPUNGEMENT — LSC COMPANION GUIDE
Legal Services Corporation Partner Document
For use with: pa-expungement-petition-court-doc.md
What This Document Does
This guide helps you ask a Pennsylvania court to erase ("expunge") your criminal record. If the court grants your petition, the arrest and court records will be destroyed or sealed. Most employers, landlords, and the public will not be able to see the expunged record.
When to Use This Guide
You can use this guide if:
- You were arrested but NOT convicted (charges dismissed, acquitted, ARD completed)
- You have a juvenile record and enough time has passed
- You received an unconditional pardon
- No disposition was entered within 18 months of your arrest
Before You Start
You CAN use this guide if:
✓ Your case ended without a conviction
✓ You completed ARD (Accelerated Rehabilitative Disposition)
✓ You have a juvenile record and meet the waiting periods
✓ You received an unconditional pardon
✓ You were found not guilty at trial
You probably CANNOT expunge if:
✗ You were convicted of a crime (with limited exceptions)
✗ You have pending criminal charges
✗ You are currently on probation or parole for another case
✗ Your offense involved certain sexual crimes against minors
✗ You were convicted of a felony (unless pardoned)
You may need a LAWYER if:
✗ You have multiple cases or a complex criminal history
✗ The District Attorney objects to your expungement
✗ You're not sure if you qualify
✗ You have out-of-state convictions
Types of Expungement in Pennsylvania
Adult Records (18 Pa.C.S. § 9122)
| Situation | Eligibility |
|---|---|
| Charges dismissed | Immediately eligible |
| Found not guilty (acquitted) | Immediately eligible |
| ARD completed | Immediately eligible |
| No disposition within 18 months | Immediately eligible |
| Unconditional pardon | Immediately eligible |
| Underage drinking conviction (age 18-21) | At age 21, 6 months after sentence completed |
Juvenile Records (18 Pa.C.S. § 9123)
| Situation | Waiting Period |
|---|---|
| Charges dismissed/not substantiated | Immediately |
| Informal adjustment completed | 6 months |
| Consent decree/diversion completed | 6 months |
| Summary offense (under 18) | 6 months after sentence |
| Misdemeanor adjudication | 2 years after discharge |
| Felony adjudication | 5 years after discharge |
What You'll Need
Gather these items before filling out the petition:
| Item | Where to Get It |
|---|---|
| PA State Police criminal record (PATCH report) | https://epatch.state.pa.us ($22) |
| Court docket/disposition for your case | Clerk of Courts in the county where the case was |
| Photo ID | Driver's license, state ID, or passport |
| Filing fee | $50–$150 (varies by county) |
| Social Security Number | For identification purposes |
Step-by-Step Instructions
Step 1: Get Your Criminal Record
- Go to https://epatch.state.pa.us
- Click "Submit a New Record Check"
- Follow the prompts and pay $22
- Print your PATCH report when it's ready (usually instant or within a few days)
Why you need this: The court needs to see your complete criminal history to verify eligibility.
Step 2: Get Your Court Docket
- Contact the Clerk of Courts in the county where your case was
- Request a copy of the docket or disposition for your case
- Some counties have online dockets (search "[County Name] PA court dockets")
What to look for:
- Case number
- Charges
- Disposition (dismissed, acquitted, ARD, etc.)
- Disposition date
Step 3: Fill Out the Petition
- Download and print the court document (
pa-expungement-petition-court-doc.md) - Fill in ALL blanks — don't leave anything empty
- Check the boxes that apply to your situation
- Be accurate with dates and case numbers
Common mistakes to avoid:
- Wrong case numbers
- Missing dates
- Not checking the right eligibility boxes
- Forgetting to list all agencies that need notice
Step 4: Get the Petition Notarized
- Do NOT sign the Verification section until you're in front of a notary
- Bring valid photo ID
- Find a notary at:
- Your bank (often free for customers)
- UPS Store, FedEx Office
- Some public libraries
- The courthouse
Step 5: Make Copies
Make 3–4 copies of:
- The completed, notarized petition
- Your PATCH report
- Your court docket/disposition
Keep one set for yourself.
Step 6: File with the Court
- Go to the Clerk of Courts in the county where your case was
- Tell the clerk you want to file a Petition for Expungement
- Give them:
- Original petition
- Copy of PATCH report
- Copy of docket
- Filing fee (or IFP petition if you can't afford the fee)
- The clerk will stamp your copies — keep one
Step 7: Wait for the District Attorney's Response
- The court must notify the District Attorney
- The DA has 10 days to object (18 Pa.C.S. § 9122(f))
- Most nonconviction expungements are not contested
- If the DA objects, you may need a hearing
Step 8: Attend the Hearing (If Required)
If a hearing is scheduled:
- Dress neatly — business casual is fine
- Arrive 15 minutes early
- Bring:
- Your stamped copy of the petition
- Your PATCH report and docket
- Any supporting documents (employment letters, etc.)
- What to say:
- "Your Honor, I am [your name] and I am requesting expungement of my record."
- Briefly explain why (employment, housing, etc.)
- "I meet the eligibility requirements under [section number]."
Step 9: Receive the Expungement Order
If the court grants your petition:
- You'll receive a copy of the Expungement Order
- The court will notify:
- Pennsylvania State Police
- The arresting agency
- Other agencies with your records
- These agencies must destroy or seal your records
Keep your copy of the order forever.
Step 10: Verify Your Record Is Cleared
- Wait 3–6 months after the order
- Order a new PATCH report to verify the record is gone
- If the record still appears, contact the court clerk
How Long Does This Take?
| Step | Time |
|---|---|
| Get PATCH report | 1–7 days |
| Get court docket | 1–7 days |
| File petition | 1 day |
| DA response period | 10 days |
| Court decision | 2–8 weeks |
| Agencies expunge records | 2–6 months |
Total time: 3–9 months typically
How Much Does This Cost?
| Expense | Cost |
|---|---|
| PATCH report | $22 |
| Court docket copies | $5–$20 |
| Notary fee | $0–$15 |
| Filing fee | $50–$150 |
| Certified copies of order | $5–$20 each |
| Total (estimate) | $80–$230 |
Fee Waiver: If you can't afford the filing fee, ask the clerk for an In Forma Pauperis (IFP) petition. If approved, the filing fee may be waived.
What's the Difference Between Expungement and "Clean Slate"?
| Expungement | Clean Slate (Limited Access) | |
|---|---|---|
| Who can see record | No one (destroyed) | Only criminal justice agencies |
| Filing required | Yes — you file a petition | Automatic for qualifying cases |
| Convictions eligible | Very limited | Some misdemeanors after 7–10 years |
| Effect | Record destroyed | Record hidden from public |
Pennsylvania's Clean Slate law (Act 56 of 2018) automatically seals certain records without a petition. If your record qualifies, you may not need to file anything. Check: https://www.courts.pa.gov/forms/clean-slate
Where to Get Help
Legal Aid (Free or Low-Cost)
| Organization | Phone | Serves |
|---|---|---|
| Philadelphia Legal Assistance | (215) 981-3800 | Philadelphia |
| Neighborhood Legal Services | (412) 255-6700 | Allegheny County |
| MidPenn Legal Services | (800) 326-9177 | Central PA |
| Legal Aid of Southeastern PA | (877) 429-5994 | Bucks, Chester, Delaware, Montgomery |
| North Penn Legal Services | (877) 953-4250 | Northeastern PA |
| Southwestern PA Legal Services | (800) 252-8394 | Southwestern PA |
Bar Association Lawyer Referral
- Pennsylvania Bar Association: (800) 932-0311
- First consultation often $25–$50
Clean Slate Information
- https://www.courts.pa.gov/forms/clean-slate
- https://www.paclean slate.org
Frequently Asked Questions
Can I expunge a conviction?
Generally, no. Pennsylvania does not allow expungement of most adult convictions. Exceptions:
- Underage drinking convictions (at age 21+)
- Unconditional pardons
- Some very old, minor offenses through Clean Slate
Will an expungement show up on a background check?
No. Once expunged, the record should not appear on most background checks. However:
- Some government agencies may still see limited information
- Private databases may have old information (harder to remove)
Can I expunge records from multiple cases at once?
Yes. You can include multiple cases in one petition if they're all from the same county and all eligible.
What if I was arrested but never charged?
Yes, you can expunge this. If no disposition was entered within 18 months and no action is pending, you qualify under 18 Pa.C.S. § 9122(a)(1).
Do I need a lawyer?
Not necessarily. Many people file expungement petitions on their own. But consider a lawyer if:
- You have a complex criminal history
- The DA objects
- You're not sure if you qualify
Can employers see expunged records?
No. Once expunged, you can legally answer "no" if an employer asks if you've been arrested or convicted for that offense. The expunged record should not appear on background checks.
What if the DA objects?
The court will schedule a hearing. You'll have a chance to explain why expungement should be granted. Consider getting legal help.
Checklist Before Filing
- [ ] Obtained PATCH report from PA State Police
- [ ] Obtained court docket/disposition for my case
- [ ] Confirmed I meet eligibility requirements
- [ ] Completed petition form (all blanks filled in)
- [ ] Got petition notarized
- [ ] Made copies of everything
- [ ] Know which county to file in
- [ ] Have filing fee or IFP petition ready
- [ ] Listed all agencies that need notice
Disclaimer
Jurisdiction-correct document templates. Not legal advice. Jurist-Diction is not a law firm. We cannot represent you in court or tell you what to do in your specific situation.
Expungement laws are complex and subject to change. Contact your local court, an attorney, or a legal aid organization for the most current information.
Guide prepared by Jurist-Diction in partnership with Legal Services Corporation grantees.
"The law, precisely spoken."
Version: 1.0
Last Updated: March 2026