Sealing and Expunging Criminal Records in Pennsylvania

Sealing and expunging of criminal records in the State of Pennsylvania prevents the general public from having access to such records. The state's Clean Slate Act creates a system that allows the automatic sealing of criminal records for offenders who committed second or third-degree misdemeanors with a maximum conviction of two years in jail. Such persons typically have no convictions for ten years after the completion of their punishment. However, some convictions are ineligible for this privilege, as stated by the judicial arm of the state.

The Difference Between Sealing and Expunging Criminal Records

In Pennsylvania, the expungement of criminal records means that such records are made unavailable to the general public. Sealing of records is known as an Order for Limited Access in the state of Pennsylvania, and while it also prevents the records from the public's access, they may still exist on the government database systems. While expunged records are not available to anyone, sealed records may be accessed by the state's law enforcement agency, prosecutors, and judges. Criminal records may be expunged under the state's expungement statute.

How to Obtain Sealed Records in Pennsylvania

Sealed records in the state of Pennsylvania may be obtained through getting a court order. Parties eligible to access sealed records generally include law enforcement agencies, state licensing agencies, and employers that are required to run a background check during recruitment. Interested individuals may visit the court location where the case occurred and file a petition with the clerk of the court in writing or by filing a form.

How to Seal a Criminal Record in Pennsylvania

Interested persons may seal criminal records through the provisions made in Pennsylvania's Act 5 Limited Access law. This act allows eligible persons to petition the court to issue an order for limited access to their criminal records. Persons convicted of ungraded misdemeanors, such as a first DUI offense or possession of a small amount of marijuana, are eligible to request records sealing.

Individuals may be considered ineligible if convicted of assault crimes, sexual crimes, or have a record of four or more misdemeanors that are categorized as a second-degree misdemeanor or higher. Interested persons may fill out the Petition for Order for Limited Access form and submit it to the court of common pleas in the county where the crime occurred. The state's clean slate act also provides a programmed means of clearing records for eligible persons. While the limited access law seals records on the request of interested individuals, the Clean State Act is an automated action by the government that requires no payment. However, more types of criminal records may be sealed under the limited access law. For instance, records of crimes involving firearms may be sealed under the limited access law, but such criminal records are ineligible for sealing under the Clean Slate Act.

What Crimes Can Be Expunged in Pennsylvania

Pennsylvania's expungement law facilitates the permanent erasure of an offender's criminal records. Criminal records and history that may be expunged include:

• Cases in which there are no dispositions received or recorded after 18 months from the time of arrest, and the court certifies that none are available or are pending.
• Non-conviction data.
• Crime history of persons who are 21 years or older and were convicted of crimes that involved underage alcohol purchase or consumption, when they were below 18 years of age.

Also, expungement may be granted to persons up to 70 years of age and without a conviction for the last ten years, persons declared dead for up to three years, and individuals who committed summary offenses and have been free of prosecution for a subsequent period of five years.

Can a Felony Be Expunged in Pennsylvania?

The consequences of felony convictions in Pennsylvania often stand in the way of offenders long after serving their sentence. It affects employment, education, accommodation, licensing, travel, and volunteer service. Expungement offers a second chance.

There are two pathways to expungement in Pennsylvania. The first is through gubernatorial pardon under Article IV, Section 9 of the Pennsylvania Constitution, and the other is through the Clean Slate Law (Act 36 of 2023). The difference between the pathways is that, unlike simply sealing the record, a pardon absolves the individual of the crime committed.

To obtain expungement through pardon, the individual must submit an application to the Pennsylvania Board of Pardons. They must ensure they have completed their sentence and paid all fines and restitution. The board typically evaluates the application on the basis of the nature of the crime, the time elapsed since the offence, proof of rehabilitation, and the purpose for requesting the pardon, and makes recommendations to the governor.

To obtain expungement through the Clean Slate Law in Pennsylvania, there is a mandatory waiting period of 10 years. Eligible felony offenses are non-violent felonies, including non-violent drug offences and fraud. To initiate the expungement process, the offender must fill out and submit Form SP 4-170. They are required to provide a photo ID and the requisite filing fees. Subsequently, the individual would get their criminal record and be scheduled for a hearing in the court where the case was heard. The judge may apply discretion to grant the expungement or otherwise.

How to Expunge Criminal Records in Pennsylvania

Criminal records may be expunged by filing a petition to the court where the offense occurred. However, applicants are required to attach a copy of the criminal records obtained from the state's law enforcement agency.

To obtain these records, interested persons may fill out a form and mail it to the address specified in the form. The form should be enclosed with a copy of a government-issued identity document, a legal affidavit if necessary, and a fee of $20 in certified check or money order. Criminal records are typically received via mail.

Upon the acquisition of the records, interested persons may proceed to submit a petition form to the location of the court of common pleas where the conviction happened. Filing fees may differ in different county areas. The court notifies the district attorney within 10 days of petition filing. The district attorney typically has 30 days to object, in which a court hearing follows and a judge gives a verdict. If there are no objections from the district attorney, the petition to seal records is typically granted, and all criminal agencies are typically notified.

Do Sealed Records Show up In Pennsylvania Background Checks?

No, sealed records do not show up in general background checks in the state of Pennsylvania. The clean slate and order for limited access acts both prevent the access of sealed records to the general public. However, an exception to this includes the FBI background check.

This is because the FBI is a federal agency that maintains its records and, therefore, cannot be affected by the state's law on sealed records. Some employers may also gain access to sealed records if it is a requirement for recruiting under federal laws. Additionally, employers may also enjoy immunity from liability under the Clean Slate Act. If an employee engages in misconduct that is similar to their sealed records, the employer is not liable.

How Can I Get My Record Expunged for Free in Pennsylvania?

Although the court may waive the filing fee, there are other costs involved in the expungement process. The overall cost of the process depends on the complexity of the case and whether the individual chooses to hire an attorney. First, petitioners need to pay $20 for a background check; they must also pay a filing fee of about $170.

In addition to filing fees, other costs may include certified copies of court records, the cost of notarising sworn affidavits, mailing costs, and attorney charges (if the services of an attorney are required).

Petitioners who can demonstrate indigency to the court may benefit from waivers. Although the state bar doesn't directly provide legal services, petitioners may get help through its legal aid network. They may also be eligible for legal aid and pro bono legal services from the Pennsylvania Bar Association and other non-profit organisations.

Expungement petitions in Pennsylvania include the following details:

• The name of the petitioner
• Date of Birth
• Social Security Number
• Date of arrest
• Charges for which expungement is required
• Case disposition

Who Can See Sealed Criminal Records in Pennsylvania?

Although sealed records are removed from the public's access, some exceptions may apply. Parties that may access sealed records include:

• State licensing agencies.
• Law enforcement agencies.
• The Supreme Court.
• Employers with court orders against a civil liability claim.
• Employers are mandated to consider criminal records for employment under federal laws.

These parties are granted access by the exemptions to the Order to Limited Access Act.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that can be used for filtering specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.