Expungement / Record Sealing Petition and Eligibility Memo — Pennsylvania

Expungement / Record Sealing Petition and Eligibility Memo (Pennsylvania)

Quick-Reference Summary

Part A — Eligibility Memo

I. Statutory Framework

Pennsylvania's record-clearing law is centralized in 18 Pa.C.S. Ch. 91, Subch. C (§§ 9121–9125), and was substantially expanded in 2018 (Clean Slate, Act 56) and again in 2023 (Clean Slate 3.0, Act 36). Clean Slate 3.0 took effect on February 12, 2024, with the automated-sealing provisions effective June 11, 2024.

§ 9122 — Expungement. Authorizes physical destruction of records. Mandatory in the following situations: (i) no disposition within 18 months of arrest with no proceedings pending; (ii) the individual has been dead three years; (iii) the individual is 70 or older and has been free of arrest or prosecution for 10 years following final release from confinement or supervision; (iv) full and unconditional pardon; (v) summary conviction where the individual has been arrest-free for 5 years (Clean Slate 3.0 — formerly 10); (vi) successful completion of Accelerated Rehabilitative Disposition (ARD) for most offenses (Pa.R.Crim.P. 320); (vii) successful completion of § 17 Probation Without Verdict for first-time drug offenses; (viii) charges resolved in favor of the defendant.

§ 9122.1 — Petition for limited access (sealing by motion). A defendant may petition the court for an order limiting access to criminal history record information relating to certain convictions. Eligible offenses include misdemeanors of the second or third degree (M2/M3), ungraded misdemeanors punishable by no more than two years, and (under Clean Slate 3.0) certain felony convictions (see below). The petitioner must have been free of arrest or prosecution for a specified period:

• Summary convictions: 5 years.
• Eligible misdemeanor convictions: 7 years.
• Eligible felony convictions (CS 3.0): 10 years.

§ 9122.2 — Clean Slate limited access (automated). The Administrative Office of Pennsylvania Courts (AOPC) automatically identifies eligible cases on a rolling basis and transmits them to the Pennsylvania State Police for validation. The State Police validate or flag the cases, and the AOPC then orders the eligible records sealed without any filing by the individual. Auto-sealing of newly eligible summary convictions began June 11, 2024; the backlog of misdemeanor and qualifying felony convictions is being processed and should be substantially complete by Q1 2025 (per Community Legal Services Clean Slate 3.0 FAQ, October 2024).

§ 9122.3 — Exceptions. Categorically excluded from both petition-based and automated sealing:

• Offenses against the person (PL Ch. 25 — homicide, assault, kidnapping, etc.).
• Offenses against the family (PL Ch. 43).
• Firearms and other dangerous weapons (PL Ch. 61).
• Sexual offenses / offenses requiring Megan's Law registration.
• Cruelty to animals (18 Pa.C.S. § 5511).
• Corruption of minors (18 Pa.C.S. § 6301).
• Any conviction of a felony (other than the new Clean Slate 3.0 categories); two or more offenses punishable by imprisonment of more than two years; four or more offenses punishable by imprisonment of one or more years.

Clean Slate 3.0 newly eligible felonies (under § 9102 / § 9122.2):

• "Qualifying offense" felonies under the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-113), and attempt/conspiracy/solicitation thereof, unless a minimum prison sentence of 30+ months or a maximum prison sentence of 60+ months was imposed. There is no drug-type exclusion.
• Enumerated F3 felonies relating to theft, forgery, and fraud.
• Terroristic Threats (18 Pa.C.S. § 2706) graded as M1.

II. Eligible vs. Ineligible Offenses

III. Waiting Period Analysis

Clean Slate 3.0 shortened most waiting periods. The clock runs from disposition (sentencing or completion of supervision, whichever is later) and the petitioner must have no felony or misdemeanor convictions during the period:

Additional disqualifying conduct during the waiting period extends or eliminates eligibility, including: a subsequent felony conviction; two or more offenses punishable by imprisonment of more than two years; four or more offenses punishable by imprisonment of one year or more.

IV. Subsequent-Conviction Bar

To be eligible for petition-based or automated sealing, the petitioner must have remained free of a felony or misdemeanor conviction during the entire applicable waiting period. A subsequent qualifying conviction during the period restarts the clock at the date of the most recent conviction (and may render the original case categorically ineligible if it triggers the multi-conviction caps in § 9122.3).

The Clean Slate Act does not require that the petitioner be free of summary convictions during the waiting period for misdemeanor or felony sealing — only felony and misdemeanor convictions count.

V. Restitution and Outstanding Obligations

Restitution must be paid in full for convictions in a case to be sealed (per CLS Clean Slate 3.0 FAQ; § 9122.2(a)). Other outstanding court debt — fines, costs, fees — does not prevent automated or petition-based sealing under Clean Slate 3.0. This is a deliberate policy choice to ensure that court debt is not a barrier to record clearance; the debt remains collectible through civil-judgment processes after sealing.

VI. Effect of Expungement / Sealing

Expungement (§ 9122 / § 9122.5). Records are destroyed by every holder agency (court, State Police Central Repository, arresting agency, prosecutor). Under § 9122.5, an expunged record may not be considered a conviction that would prohibit employment under any law of the Commonwealth or federal law to the extent permitted by federal law.

Limited Access — Public effect (§ 9122.5). An individual whose record has been sealed under § 9122.1 or § 9122.2 is not required to disclose information about the charges and may respond as if the offense did not occur. Employers, landlords, and educational institutions may not consider sealed records (with the federal-mandated exceptions below). Clean Slate 3.0 expressly prohibits the use of sealed charges for employment, housing, or educational purposes.

Limited Access — Who can still see sealed records (§ 9121(b)(1.1), (b.2)):

• Criminal justice agencies (law enforcement, courts, prosecutors).
• Employers required by federal law (including FINRA/SRO regulations) to verify and consider criminal history.
• Employers, by court order, when defending civil-liability claims (see § 9122.6 — employer immunity).
• State licensing agencies.
• County Children and Youth Agency / DHS for child-protection duties.
• Pennsylvania Supreme Court and entities governing legal practice.

Federal background checks (FBI). Sealed records continue to appear on FBI fingerprint-based background checks because the FBI maintains its own records separately from Pennsylvania's. Petitioners working in federally regulated industries should be aware that the FBI check is not affected by state sealing.

Employer immunity (§ 9122.6). Employers are immune from civil liability arising out of hiring decisions based on the absence of sealed criminal history information.

Firearms. Sealing under § 9122.1/9122.2 does not restore firearm rights lost under federal 18 U.S.C. § 922(g). Expungement under § 9122 generally does restore state firearm rights but federal effects are governed by federal law and may require a pardon.

Immigration. Pennsylvania sealing or expungement does not eliminate a "conviction" under INA § 101(a)(48)(A). Non-citizens must consult immigration counsel.

VII. Automatic-Relief Program — Clean Slate (§ 9122.2)

The Clean Slate automated process is run by the AOPC and the Pennsylvania State Police:

1. AOPC query. The Administrative Office runs periodic queries of court records to identify potentially eligible cases.
2. State Police validation. PSP cross-checks against Central Repository records to confirm no disqualifying convictions and no Megan's Law/Pa State Police hold.
3. Court order. Each Court of Common Pleas issues a Clean Slate order removing the validated cases from public dockets.
4. Effect. The record is sealed from public access but remains visible to the entities listed in § 9121(b)(1.1) and § 9122.5.

Clean Slate 3.0 effective dates:

• February 12, 2024: Statute effective; shortened waiting periods and Clean Slate 3.0 expansion in force for petitions filed under § 9122.1.
• June 11, 2024: Automated sealing provisions effective; auto-sealing of newly eligible summary convictions began.
• Q1 2025 (projected): Backlog of newly eligible misdemeanor and felony convictions targeted for completion.

A defendant who believes a record should have been sealed but has not been may file a petition under § 9122.1 to obtain the same relief manually.

Part B — Petition Template

Caption

In the Court of Common Pleas of [____________________] County, Pennsylvania
Criminal Division
Docket / CP / MC No.: [________________________________]
OTN: [________________________________]

PETITION FOR ☐ EXPUNGEMENT (18 Pa.C.S. § 9122) ☐ LIMITED ACCESS (18 Pa.C.S. § 9122.1)

I. Petitioner Information

Name: [________________________________]
Aliases: [________________________________]
Date of Birth: [__/__/____]
Sex: [____] Race: [____]
SSN (last 4): XXX-XX-[____]
PA Driver's License No.: [________________________________]
Current Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
State ID No. (SID): [________________________________]

II. Underlying Case Information

III. Eligibility Statement (under penalty of unsworn falsification, 18 Pa.C.S. § 4904)

Petitioner avers:

☐ Petitioner satisfies the applicable waiting period:
☐ 30 days (non-conviction disposition, § 9122.2(b)(2)(i));
☐ 5 years (summary conviction, § 9122.1; § 9122.2(a)(3));
☐ 7 years (eligible misdemeanor, § 9122.1; § 9122.2(a)(1));
☐ 10 years (eligible felony under Clean Slate 3.0, § 9122.2(a)(1.1));
☐ Petitioner has been free of any felony or misdemeanor conviction during the entire waiting period;
☐ The conviction is not categorically excluded under 18 Pa.C.S. § 9122.3 (no offense against the person, family, firearms, sex registration, cruelty to animals, corruption of minors; no felony conviction outside the Clean Slate 3.0 list; no two convictions punishable by 2+ years' imprisonment; no four convictions punishable by 1+ year);
☐ All restitution ordered in the case has been paid in full;
☐ Petitioner is not currently the subject of any pending criminal charges;
☐ [If ARD:] Petitioner successfully completed ARD pursuant to Pa.R.Crim.P. 320;
☐ [If § 17:] Petitioner successfully completed Probation Without Verdict under 35 P.S. § 780-119;
☐ [If pardon:] Petitioner received a full and unconditional pardon from the Governor of Pennsylvania.

IV. Statement of Grounds for Relief

1. Statutory eligibility. As shown in Part III, Petitioner satisfies each statutory prong for the relief requested.
2. Wexler balancing (non-conviction). [If applicable] The Commonwealth cannot demonstrate a continuing need for retention of these records that outweighs Petitioner's interest in being free from the stigma of an unproven accusation.
3. Rehabilitation. Since the disposition, Petitioner has [employment record, education, family responsibilities, treatment completion, community involvement, time without further criminal-justice contact].
4. Hardship from continued public availability. [Employment denials, housing denials, professional licensing barriers, education barriers, immigration impacts.]
5. Public interest. Granting relief furthers the rehabilitative purposes of the Clean Slate framework and removes barriers to lawful reintegration.

V. Service of Notice

The District Attorney has 30 days to file an objection (Pa.R.Crim.P. 790(B)(3)). If no objection is filed, the court may grant relief on the papers; if an objection is filed, the court will schedule a hearing.

VI. Requested Relief

WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order:

☐ EXPUNGING all records of the above-captioned case pursuant to 18 Pa.C.S. § 9122, directing every agency in possession of such records to destroy or return them to the issuing authority within thirty (30) days;
☐ LIMITING ACCESS to all records of the above-captioned case pursuant to 18 Pa.C.S. § 9122.1, directing the removal of the case from public dockets and prohibiting dissemination of the criminal history record information except as permitted under 18 Pa.C.S. § 9121(b.2);
☐ Directing the Clerk of Courts to transmit certified copies of the Order to the Pennsylvania State Police Central Repository, the arresting agency, and the District Attorney;
☐ Granting such other and further relief as this Court deems just.

Signature Block and Verification

I verify that the statements made in this Petition are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

[________________________________]
Petitioner

Date: [__/__/____]

Submitted by:

[________________________________]
Attorney for Petitioner
PA Supreme Court ID No.: [____]
[Firm Name, Address, Telephone, Email]

Part C — Filing Checklist

☐ PSP Access to Criminal History (PATCH) report obtained — https://epatch.pa.gov
☐ Certified docket sheet and disposition from Clerk of Courts (or Magisterial District Court for summary) obtained
☐ Verify waiting period under current Clean Slate 3.0 thresholds (5/7/10 years)
☐ Confirm no felony or misdemeanor convictions during waiting period
☐ Confirm offense is not excluded under § 9122.3 (Ch. 25/27 persons; sex; firearms; family; cruelty; corruption of minors)
☐ Confirm restitution paid in full (if any was ordered)
☐ Identify correct relief: § 9122 (expungement) vs. § 9122.1 (limited access)
☐ Petition prepared on AOPC uniform expungement order form (or county-required local form)
☐ Filing fee paid (county-specific; commonly $100–$170) OR IFP petition filed
☐ Petition filed in Court of Common Pleas (or Magisterial District Court for stand-alone summary)
☐ Service on District Attorney; calendar 30-day objection window
☐ Service on PSP Central Repository (for compliance docket)
☐ Service on arresting agency
☐ Hearing date calendared if DA objects
☐ Proposed Order matches AOPC uniform format and lists all holder agencies
☐ Post-grant: Certified Order transmitted to PSP Central Repository (Harrisburg) and all listed holder agencies
☐ Post-grant: Petitioner notifies known commercial background-check vendors and disputes continued reporting under 18 Pa.C.S. § 9183 (CHRIA) and 15 U.S.C. § 1681i (FCRA)
☐ For Clean Slate automated sealing not yet processed: track PSP/AOPC status via PATCH; consider § 9122.1 petition as backup

Sources and References

• 18 Pa.C.S. § 9122 — https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=18&div=0&chapter=91&section=22
• 18 Pa.C.S. § 9122.1 — https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=18&div=0&chapter=91&section=22&subsctn=1
• 18 Pa.C.S. § 9122.2 (Clean Slate) — https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=18&div=0&chapter=91&section=22&subsctn=2
• 18 Pa.C.S. § 9122.3 (exceptions) — https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=18&div=0&chapter=91&section=22&subsctn=3
• Act 36 of 2023 (Clean Slate 3.0) — https://www.palegis.us/legislation/bills/2023/hb689
• Clean Slate 3.0 FAQ (Community Legal Services of Philadelphia, Oct. 2024) — https://clsphila.org/wp-content/uploads/2024/10/Clean-Slate-3.0-FAQ-Updated-10.15.24.pdf
• Pa.R.Crim.P. 320 (ARD expungement); 490 (summary); 790 (court case) — https://www.pacodeandbulletin.gov/Display/pacode
• Pennsylvania State Police PATCH (criminal history) — https://epatch.pa.gov
• AOPC Clean Slate page — https://www.pacourts.us/judicial-administration/court-programs/clean-slate
• Commonwealth v. Wexler, 431 A.2d 877 (Pa. 1981) — non-conviction expungement balancing test