Important Notice: This page is for informational purposes only and does not constitute legal advice. Jurist-Diction is not a law firm. For free legal assistance, contact Community Legal Services (Philadelphia) — 215-981-3700 or PA Legal Aid Network — 1-800-322-7572.
Pennsylvania's expungement statute (18 Pa.C.S. § 9122) allows eligible individuals to petition a Court of Common Pleas to destroy their criminal records. Once an expungement is granted, the conviction is treated as if it never existed for most purposes — including employment background checks, housing applications, and professional licensing.
Pennsylvania also enacted the Clean Slate Act in 2018 (effective June 2020), which automatically seals — without any petition — Misdemeanor 2 and Misdemeanor 3 convictions after 10 years of clean record. If you have M2 or M3 convictions that are 10+ years old, they may already be sealed. Check your PATCH record with the Pennsylvania State Police to confirm current status before filing any petition.
What Can Be Expunged in Pennsylvania
Under 18 Pa.C.S. § 9122 and the Clean Slate Act (§ 9122.2). Waiting periods run from sentence completion date.
Arrests Without Conviction
Any arrest that did not result in a conviction — dismissed charges, nolle prossed cases, not-guilty verdicts, and withdrawn charges — is eligible for expungement immediately under 18 Pa.C.S. § 9122(a)(1). There is no waiting period and typically no filing fee for non-convictions. File the petition in the Court of Common Pleas in the county where the arrest occurred.
Summary Offense Convictions
Summary offense convictions (e.g., disorderly conduct, public drunkenness, minor traffic offenses) are eligible for expungement after a 5-year waiting period from sentence completion — provided you have had no arrests or convictions during those 5 years. File in the Court of Common Pleas of the county of conviction. 18 Pa.C.S. § 9122(b)(3).
ARD Program Completion
Successful completion of the Accelerated Rehabilitative Disposition (ARD) program makes you eligible for expungement immediately upon discharge. ARD is typically offered for first-offense DUI, low-level drug possession, and minor theft. The arresting agency and the District Attorney must receive notice of the petition. 18 Pa.C.S. § 9122(a)(2).
Clean Slate — Automatic Sealing (M2 and M3)
Under Pennsylvania's Clean Slate Act (18 Pa.C.S. § 9122.2), Misdemeanor 2 and Misdemeanor 3 convictions are automatically sealed after 10 years from conviction, provided no arrests or convictions occurred during that period. Sealing is done by the Pennsylvania State Police without any petition required. Sealed records are not visible to most employers and landlords. The Clean Slate Act took effect June 28, 2020.
Clean Slate — Automatic Clearing of Non-Convictions
Under 18 Pa.C.S. § 9122.3, arrests not resulting in conviction are automatically cleared from the criminal history repository within 60 days of the disposition. This occurs without any action from you. If a non-conviction remains on your record after 60 days, you may need to petition the court to enforce the automatic clearing.
Pardon-Based Expungement
Any conviction for which you have received a full pardon from the Governor of Pennsylvania may be expunged. After the Board of Pardons recommends and the Governor grants the pardon, you may file an expungement petition in the Court of Common Pleas. This is the primary route for felony convictions and serious Misdemeanor 1 convictions. 18 Pa.C.S. § 9122(b)(2).
Age-Based Expungement (70+ Years)
If you are 70 years of age or older and have been free of arrest or prosecution for the past 10 years following release from confinement or supervision, you may petition for expungement of your entire criminal record. 18 Pa.C.S. § 9122(b)(1). This applies even to convictions that would otherwise be ineligible.
What Cannot Be Expunged
The following offenses are excluded from expungement under Pennsylvania law (absent a Governor's pardon):
- Felony convictions (without a Governor's pardon)
- Misdemeanor 1 convictions (not eligible for full expungement; limited sealing may apply after 10 years under a separate petition process)
- Murder, voluntary manslaughter, and homicide offenses
- Rape and sexual assault offenses
- Any offense requiring registration on Megan's Law (Sex Offender Registry)
- Corruption of minors and other crimes against children
- Crimes committed with a deadly weapon
- DUI convictions (unless completed through ARD)
- Any offense for which you received a sentence of more than 2 years in state prison (without a pardon)
- Any conviction within the 5-year (summary) or 10-year (Clean Slate) clean period
How to File an Expungement Petition in Pennsylvania
Obtain Your Pennsylvania Criminal History (PATCH)
Request your official Pennsylvania criminal history record through the Pennsylvania State Police PATCH system (Pennsylvania Access to Criminal History). Visit the PSP PATCH website or call 1-888-QUERY-SP. This is your authoritative record showing all Pennsylvania charges, dispositions, and sentence dates. You need the exact disposition date and case number for each charge you intend to petition. Out-of-state convictions are not handled through PATCH.
Identify Eligible Charges and Calculate Waiting Periods
Review each charge against 18 Pa.C.S. § 9122 and the Clean Slate Act (§ 9122.2). For non-convictions: eligible immediately, file at any time. For summary offenses: eligible 5 years after sentence completion with no new arrests. For ARD: eligible immediately upon successful program discharge. For Clean Slate M2/M3: sealed automatically after 10 years — no petition needed. Check your sentence completion date (the date all fines, probation, and supervision ended) carefully — the waiting period starts there, not at the conviction date.
Obtain the Petition Forms from the Court of Common Pleas
Expungement petitions are filed in the Court of Common Pleas (Criminal Division) in the county where the charge occurred or where you were convicted. Pennsylvania uses standardized expungement petition forms, available at the clerk of courts office or the court's website. The petition requires: your full name, date of birth, Social Security number, case number, offense, disposition date, and basis for expungement under § 9122. Filing fees vary by county — typically $50 to $150 — and are often waived for non-conviction expungements.
Complete and File the Petition
Fill in the petition completely and accurately. Attach supporting documents: for ARD, your ARD completion certificate and discharge letter. For summary offenses, attach your certified docket showing sentence completion. File the original petition with the clerk of courts and retain a copy for yourself. The clerk will docket the case and assign it to a judge. In Philadelphia, expungement petitions are processed by the Philadelphia Municipal Court (for summary offenses) or the Philadelphia Court of Common Pleas (for all other charges).
Serve the District Attorney's Office and Other Required Agencies
Pennsylvania requires that you serve the District Attorney in the county of conviction with a copy of the petition. The DA typically has 30 days to respond or object. You must also serve the Pennsylvania State Police, the arresting agency (local police department), and any other agencies specified by the court. Proof of service must be filed with the court before the hearing. If the DA does not object within the notice period, the court may grant the expungement without a hearing.
Attend the Hearing and Enforce the Order
If the DA objects, you will be scheduled for a hearing before a judge. You can present evidence of your rehabilitation, stable employment, community involvement, and the time elapsed since the offense. If no objection is filed or you prevail at the hearing, the judge will sign the Order for Expungement. The clerk forwards the order to the Pennsylvania State Police, the arresting agency, and the county court records. Allow 60–90 days for all repositories to update. After that period, re-run your PATCH record to confirm the expungement. If any agency still shows the record, file a petition for compliance.
Related Resources
Pennsylvania Specific
Pennsylvania Expungement Petition Package
Jurisdiction-correct expungement petition for Pennsylvania's Court of Common Pleas. Includes the standardized PA petition form, eligibility analysis guide covering both § 9122 and the Clean Slate Act, proof-of-completion checklist, service instructions, and filing guides for all 67 counties.
Get the Petition Package — $399Disclaimer: This page is for informational purposes only and does not constitute legal advice. Jurist-Diction is not a law firm and does not provide legal representation. For free legal assistance in Pennsylvania, contact PA Legal Aid Network — 1-800-322-7572 or Community Legal Services — 215-981-3700.