Update
We are delighted to share that Pennsylvania’s Clean Slate law has recently expanded, removing a barrier to housing and employment for thousands more people who have criminal records. Many felony convictions, including for drug crimes and theft, can now be sealed for the first time, and the waiting period for sealing misdemeanors and summary offenses is shorter.
Records that have been sealed do not show up on a typical background check, and the new law makes clear that sealed criminal records cannot be used against people seeking jobs, housing, or educational opportunities in Pennsylvania.
To help people take advantage of the law change, Community Legal Services has created a tool to help people check if your records are eligible to be sealed.
Who does the new law affect?
Approximately 77 million Americans, or 1 in every three adults, has a criminal record. In most states, these records, even for crimes committed decades ago, can create barriers to jobs, housing, and education.
For people with a Pennsylvania criminal record, most property and drug felonies can be sealed after 10 years without another felony or misdemeanor conviction. The list includes:
- Drug crimes
- Theft crimes, including Retail Theft and Receiving Stolen Property
- Trespass
- Forgery and Fraud crimes
- Criminal Mischief
The waiting period for sealing misdemeanors has been reduced from 10 to 7 years, and summary offenses can now be sealed after 5 years. Eligible misdemeanors include:
- Drug possession
- Theft
- DUI
- Simple Assault
- Disorderly Conduct
- Harassment
- Terroristic threats
- Recklessly Endangering Another Person
- Resisting Arrest
- Possession of an Instrument of a Crime
- Prostitution
The lists above don’t cover every eligible record, so even if your conviction isn’t listed, it’s still worth checking whether it can be sealed.
How to seal eligible records
Under the Clean Slate law, the state seals some eligible criminal records automatically. If a person has only one drug felony, it will be sealed automatically. Some misdemeanors are also automatically sealed. For newly eligible records under the expanded law, automated sealing will go into effect on June 11, 2024.
For all other eligible records, or if you want to seal your record sooner, you need to file a petition in court. Community Legal Services can help you find legal assistance in your area to help with record sealing. There are organizations across the state that provide this service for free for low-income residents who qualify. Visit CLS’s web page to get started: https://mycleanslatepa.com/help/.
