The Pennsylvania Clean Slate Law

At Pope and Bogush Attorneys at Law, LLC in Clarion, Pennsylvania, I strive to help my clients understand their legal options, including how Pennsylvania’s Clean Slate law can open doors for a fresh start. 

This legislation is designed to help eligible individuals shield their criminal records from public view, which can potentially lead to better opportunities in employment, housing, and education. Here, I’ll explain the key aspects of the law, its benefits, and how it might apply to you.

What Is the Pennsylvania Clean Slate Law?

Pennsylvania’s Clean Slate law, enacted in 2018, allows certain criminal records to be automatically sealed or petitioned for sealing after a specific period. Automatic sealing applies to cases that meet strict eligibility requirements, including summary offenses, second and third-degree misdemeanors, and some first-degree misdemeanors. 

For records that don’t qualify for automatic sealing, individuals can file a petition for consideration. The law aims to reduce the stigma of a criminal record for individuals who have demonstrated rehabilitation. While sealed records are no longer accessible to the public, law enforcement, and certain state agencies can still view them. 

This balance offers accountability while allowing for second chances. By providing a way to limit the visibility of past mistakes, this law encourages social and economic mobility for many Pennsylvanians.

Which Records Qualify for Sealing?

The Clean Slate law specifies the types of offenses eligible for sealing based on their severity and the time elapsed since conviction. Some key categories include:

• Summary offenses: Minor offenses, such as disorderly conduct or underage drinking, are eligible for automatic sealing after 10 years without additional criminal activity. The law recognizes that these infractions often result from isolated incidents and shouldn’t hinder future opportunities.

• Second and third-degree misdemeanors: Offenses in this category, including certain thefts or DUIs, can be automatically sealed under similar conditions. This gives individuals a pathway to rebuild their lives while demonstrating rehabilitation.

• First-degree misdemeanors: Some non-violent first-degree misdemeanors may also qualify, though they often require filing a petition. These offenses are subject to stricter review to balance public safety with the need for second chances.

• Arrests without convictions: Records of arrests that didn't lead to a conviction may also qualify for sealing, helping individuals avoid unnecessary stigma. By shielding these records, the law helps prevent the unfair consequences of being linked to unproven allegations.

Certain offenses, such as felonies, violent crimes, and sexual offenses, are explicitly excluded from Clean Slate eligibility. Additionally, unpaid fines, fees, or restitution may impact an individual’s eligibility.

How Does Automatic Sealing Work?

One of the most significant features of the Clean Slate law is its provision for automatically sealing eligible records. Under this process, courts and state agencies identify cases meeting the criteria and seal them without requiring the individual to take any action. 

This includes verifying compliance for 10 years without subsequent convictions. The law requires cooperation between the Administrative Office of Pennsylvania Courts (AOPC) and state criminal justice agencies. 

This approach aims to reduce barriers for individuals who may not have the resources to file a petition. If your record isn’t automatically sealed, don’t worry. The petition process offers another avenue for those who meet the criteria but need additional review.

What’s the Petition Process for Record Sealing?

For cases not covered by automatic sealing, the Clean Slate law allows individuals to file a petition to have their records reviewed. The process involves submitting a formal request to the court where the conviction occurred. 

You’ll need to provide documentation supporting your eligibility and show that you’ve complied with any court-ordered conditions, such as probation or payment of restitution. Once the petition is filed, the court will review the case, and the prosecution may have an opportunity to contest the request. 

If approved, the record is sealed, shielding it from public access. Petitioning can be more challenging than automatic sealing, so it's important to consult with an experienced criminal defense attorney to help the process go more smoothly.

Benefits of Record Sealing

Sealing a criminal record offers several advantages that can significantly improve a person’s quality of life. Some of the most notable benefits include:

• Improved employment opportunities: Employers conducting background checks will no longer see sealed records, opening doors to new job prospects. This can lead to greater financial stability and more options for career growth.

• Better housing options: Landlords often consider criminal history when screening tenants, and a sealed record can increase your chances of approval. With fewer barriers, you’ll have more freedom to choose a safe and comfortable living situation.

• Enhanced privacy: Public databases will no longer show sealed offenses, reducing the risk of discrimination or stigma. This added layer of confidentiality can help you rebuild trust and confidence in social settings.

• Access to educational opportunities: Colleges and training programs may view sealed records more favorably, giving applicants a fair chance to succeed. By pursuing higher education or specialized training, you can unlock new pathways to personal and professional fulfillment.

• Improved community involvement: A sealed record can help individuals feel more confident participating in civic and volunteer activities. This fosters stronger connections with the community and encourages positive contributions to society.

By removing these barriers, the Clean Slate law empowers individuals to rebuild their lives and contribute to their communities.

Frequently Asked Questions

How do I know if my record was automatically sealed?

You can check your record through Pennsylvania’s Unified Judicial System website to determine if your case was sealed. Reviewing this database regularly can help you confirm the status of your record.

What happens if my record isn’t automatically sealed?

You can file a petition for record sealing if you believe your case qualifies. The court will review your eligibility based on the law’s criteria and any necessary documentation.

Can employers see sealed records?

No. Once a record is sealed, it’s not accessible to employers, landlords, or the general public. However, certain government agencies and law enforcement can still access these records if needed.

Does the Clean Slate law apply to all crimes?

No. The law excludes violent crimes, sexual offenses, and felonies, as well as cases with unpaid fines or restitution. It’s important to understand these limitations before pursuing record sealing.

How long does the petition process take?

The timeline can vary depending on the court’s workload and the specifics of your case. One should prepare for a few months of processing time, though some cases may take longer.

How Can My Firm Help?

At Pope and Bogush Attorneys at Law, LLC, my goal is to help you take the next step toward a brighter future by helping you understand your options under the Clean Slate law. If you have questions about your case or need legal representation in Clarion, Pennsylvania, or the surrounding areas, reach out to me today to schedule a consultation.