Expunging a Criminal Record in Pennsylvania (2026)
Reviewed by DocDraft Legal Team · Pennsylvania · Last updated August 19, 2026
Pennsylvania draws a sharp line between expungement and sealing, and getting the terms right matters. True expungement under 18 Pa.C.S. 9122 destroys the record but is narrow: it covers arrests that did not lead to conviction, summary offenses after five arrest-free years, petitioners age 70 or older who have been arrest-free for 10 years, and the deceased. Most misdemeanor convictions cannot be expunged; instead they can be hidden from public view through a petition-based limited access order under 18 Pa.C.S. 9122.1 or through Clean Slate automatic sealing under 18 Pa.C.S. 9122.2. Pennsylvania pioneered Clean Slate, and Clean Slate 3.0 (2023) expanded automatic sealing to reach some low-level felony convictions. Petitions are filed in the Court of Common Pleas of the county, and the Pennsylvania State Police maintains the central repository.
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What are you trying to clear?
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What record-clearing relief does Pennsylvania offer, and what is it called?
Pennsylvania offers three distinct paths. True expungement under 18 Pa.C.S. 9122 destroys the record but is narrow. A petition-based limited access order under 18 Pa.C.S. 9122.1 seals certain convictions from public view. Clean Slate automatic sealing under 18 Pa.C.S. 9122.2 seals eligible records without any petition.
What is eligible for expungement in Pennsylvania and what is the waiting period?
True expungement under 18 Pa.C.S. 9122 covers non-convictions such as dismissals and acquittals, summary offenses after five arrest-free years, petitioners age 70 or older who have been arrest-free for 10 years, and records of a deceased person. Most convictions are not expungeable and instead qualify only for sealing.
Can you expunge or seal a felony in Pennsylvania?
Felony convictions generally cannot be expunged in Pennsylvania. Since Clean Slate 3.0 took effect in 2024, certain low-level felony convictions, mainly drug, theft, forgery, and fraud offenses graded F3, can be automatically sealed under 18 Pa.C.S. 9122.2 after 10 years with no new convictions. Serious and violent felonies remain excluded.
Does Pennsylvania have automatic Clean Slate sealing?
Yes. Pennsylvania was the first Clean Slate state. Under 18 Pa.C.S. 9122.2, eligible non-convictions, summary offenses, and many second and third degree misdemeanor convictions are sealed automatically with no petition. Clean Slate 3.0, effective 2024, expanded automatic sealing to reach some low-level felony records.
Who qualifies for Clean Slate automatic sealing in Pennsylvania?
Under 18 Pa.C.S. 9122.2, Pennsylvania automatically seals non-convictions, summary offenses after five conviction-free years, and second and third degree misdemeanors after roughly seven conviction-free years. Clean Slate 3.0 added some F3 drug, theft, forgery, and fraud felonies after 10 conviction-free years. Violent, sexual, and firearms offenses are excluded.
Pennsylvania's Three Paths: Expungement, Limited Access, and Clean Slate Sealing
Pennsylvania is the Clean Slate pioneer, and it treats expungement and sealing as separate remedies with very different reach. True expungement under 18 Pa.C.S. 9122 actually destroys the record, but it is reserved for arrests that ended without conviction, summary offenses after five arrest-free years, petitioners age 70 or older who have been arrest-free for 10 years, and the records of a deceased person; most convictions cannot be expunged. For qualifying misdemeanor convictions that remain, relief comes through a petition-based limited access order under 18 Pa.C.S. 9122.1, which hides the record from most public and employer view after roughly 10 conviction-free years, though law enforcement, the courts, and certain licensing agencies can still see it. On top of that, Clean Slate automatic sealing under 18 Pa.C.S. 9122.2 seals eligible non-convictions, summary offenses, and second and third degree misdemeanors with no petition at all; Clean Slate 3.0, signed in December 2023 and implemented in 2024, expanded automatic sealing to reach certain low-level F3 drug, theft, forgery, and fraud felony convictions after 10 conviction-free years. Categorically excluded from Clean Slate sealing are convictions for violent offenses, sexual offenses, offenses requiring registration, firearms offenses, and cruelty to animals. Petitions for expungement or limited access are filed in the Court of Common Pleas of the county where the case was handled, and the Pennsylvania State Police maintains the central criminal history repository that carries out the order.
Relevant Laws
Expungement (18 Pa.C.S. 9122)
Pennsylvania's true expungement statute, which destroys the record. It is narrow: it reaches non-conviction data such as dismissals and acquittals, summary offenses after five arrest-free years, petitioners age 70 or older who have been arrest-free for 10 years, and the records of a deceased person. Most convictions cannot be expunged.
Clean Slate Automatic Sealing (18 Pa.C.S. 9122.2)
Pennsylvania's Clean Slate law automatically seals, with no petition, eligible non-convictions, summary offenses, and many second and third degree misdemeanor convictions. Clean Slate 3.0, signed in December 2023 and implemented in 2024, expanded automatic sealing to reach certain low-level F3 drug, theft, forgery, and fraud felony convictions.
Limited Access Order (18 Pa.C.S. 9122.1)
Allows a person to petition the Court of Common Pleas for an order of limited access that seals certain misdemeanor convictions from public view after a conviction-free period of roughly 10 years. Sealed records remain visible to law enforcement, the courts, and certain licensing agencies; this is sealing, not expungement.
No General Federal Expungement of State Records
There is no general federal statute to expunge a Pennsylvania state conviction. Record clearing for state offenses is governed entirely by Pennsylvania law through expungement under 18 Pa.C.S. 9122, limited access under 9122.1, and Clean Slate sealing under 9122.2, and the Pennsylvania State Police maintains the central repository.
Regional Variances
Pennsylvania Record-Clearing Eligibility Table
True expungement under 18 Pa.C.S. 9122
Destroys the record. Eligible: non-conviction data such as dismissals, acquittals, and withdrawn charges; summary offenses after five arrest-free years; petitioners age 70 or older who have been arrest-free for 10 years; and records of a deceased person. Most misdemeanor and felony convictions are not expungeable. Filed in the Court of Common Pleas.
Petition-based limited access under 18 Pa.C.S. 9122.1
Seals the record from public view but does not destroy it. Eligible: certain misdemeanor convictions after a conviction-free period of roughly 10 years, on petition to the Court of Common Pleas. Law enforcement, the courts, and certain licensing agencies retain access. This remedy applies where true expungement is unavailable.
Clean Slate automatic sealing under 18 Pa.C.S. 9122.2
Seals eligible records automatically with no petition. Summary offenses seal after roughly five conviction-free years; second and third degree misdemeanors after roughly seven conviction-free years. Clean Slate 3.0, effective 2024, added certain F3 drug, theft, forgery, and fraud felony convictions after 10 conviction-free years.
Categorically excluded offenses
Not eligible for Clean Slate automatic sealing or limited access: convictions for violent offenses, sexual offenses, offenses requiring registration, firearms offenses, and cruelty to animals. Serious and violent felonies remain excluded from all sealing. These records generally cannot be cleared absent a pardon from the Governor followed by expungement.
Filing court and state repository
Petitions for expungement under 18 Pa.C.S. 9122 or limited access under 18 Pa.C.S. 9122.1 are filed in the Court of Common Pleas of the county where the case was prosecuted, with notice to the county district attorney. The Pennsylvania State Police maintains the central criminal history repository that carries out the order.
Suggested Compliance Checklist
Confirm which Pennsylvania remedy fits your record
Before you file anything days after startingDetermine whether your record is a non-conviction, summary offense, or conviction, and match it to the right remedy: expungement under 18 Pa.C.S. 9122, limited access under 9122.1, or automatic Clean Slate sealing under 9122.2. Filing for expungement of a conviction that only qualifies for sealing wastes the fee and is a common mistake.
Check whether Clean Slate already sealed the record
Before preparing a petition days after startingBecause Clean Slate automatic sealing under 18 Pa.C.S. 9122.2 requires no petition, pull your criminal history from the Pennsylvania State Police and your docket sheets to see if eligible records are already sealed. Confirming this first can save you an unnecessary filing and fee before you draft anything.
Obtain your criminal history and docket sheets
Before drafting the petition days after startingGet your statewide record from the Pennsylvania State Police central repository and the docket sheets from the Unified Judicial System for each case. Verify the exact offense, grade, disposition, and dates, and confirm you have met the arrest-free or conviction-free waiting period for your remedy.
Prepare and file the correct petition in the Court of Common Pleas
After confirming eligibility days after startingDraft the petition for expungement under 18 Pa.C.S. 9122 or limited access under 9122.1, file it in the Court of Common Pleas of the county where the case was prosecuted, and pay the fee or request an in forma pauperis waiver. Serve the county district attorney, who has the right to object.
Confirm the record was expunged or sealed with the state repository
After the order is granted days after startingOnce the court grants the order, verify that the Pennsylvania State Police repository and the arresting agency carried it out, and keep a certified copy in case a stale record resurfaces on a background check. An attorney can help if the remedy or the excluded-offense rules are unclear in your situation.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm which Pennsylvania remedy fits your record | Determine whether your record is a non-conviction, summary offense, or conviction, and match it to the right remedy: expungement under 18 Pa.C.S. 9122, limited access under 9122.1, or automatic Clean Slate sealing under 9122.2. Filing for expungement of a conviction that only qualifies for sealing wastes the fee and is a common mistake. | - | Before you file anything |
| Check whether Clean Slate already sealed the record | Because Clean Slate automatic sealing under 18 Pa.C.S. 9122.2 requires no petition, pull your criminal history from the Pennsylvania State Police and your docket sheets to see if eligible records are already sealed. Confirming this first can save you an unnecessary filing and fee before you draft anything. | - | Before preparing a petition |
| Obtain your criminal history and docket sheets | Get your statewide record from the Pennsylvania State Police central repository and the docket sheets from the Unified Judicial System for each case. Verify the exact offense, grade, disposition, and dates, and confirm you have met the arrest-free or conviction-free waiting period for your remedy. | - | Before drafting the petition |
| Prepare and file the correct petition in the Court of Common Pleas | Draft the petition for expungement under 18 Pa.C.S. 9122 or limited access under 9122.1, file it in the Court of Common Pleas of the county where the case was prosecuted, and pay the fee or request an in forma pauperis waiver. Serve the county district attorney, who has the right to object. | - | After confirming eligibility |
| Confirm the record was expunged or sealed with the state repository | Once the court grants the order, verify that the Pennsylvania State Police repository and the arresting agency carried it out, and keep a certified copy in case a stale record resurfaces on a background check. An attorney can help if the remedy or the excluded-offense rules are unclear in your situation. | - | After the order is granted |
Frequently Asked Questions
Filing fees are set by each Court of Common Pleas and typically run in the range of a few dozen to roughly two hundred dollars per case, and there may be additional Pennsylvania State Police processing costs. If you cannot afford the fee, you can ask the court to waive it by filing an in forma pauperis petition. Clean Slate automatic sealing under 18 Pa.C.S. 9122.2 costs nothing because no petition is filed.
A petition-based expungement or limited access order in Pennsylvania commonly takes a few months from filing to a granted order, depending on the county, whether the district attorney objects, and whether a hearing is set. After the order, the Pennsylvania State Police and background vendors may take additional weeks to update the record. Clean Slate automatic sealing happens without a filing but processes on the state's own schedule.
Yes. A limited access order under 18 Pa.C.S. 9122.1 and Clean Slate sealing under 18 Pa.C.S. 9122.2 hide the record from most employers and the general public, but they do not destroy it. Law enforcement, the courts, and certain licensing and government agencies can still access sealed records. Only a true expungement under 18 Pa.C.S. 9122 actually destroys the record.
Generally yes for most private employment. Under Pennsylvania's Clean Slate and limited access provisions, a record sealed under 18 Pa.C.S. 9122.1 or 9122.2 need not be disclosed on most job applications, and employers cannot consider it. Exceptions apply for certain licensed, law enforcement, and child or elder care positions, where the record can still be reviewed. When in doubt, an attorney can help you assess a specific application.
A DUI conviction generally cannot be expunged in Pennsylvania because it is not a summary offense. A DUI arrest that did not result in conviction can be expunged as a non-conviction under 18 Pa.C.S. 9122, and a person who completed the ARD diversionary program may petition to expunge the ARD record. A qualifying misdemeanor DUI conviction may become eligible for a limited access order or Clean Slate sealing after the conviction-free waiting period.
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