Expungement

In Pennsylvania, charges that did not end in a conviction, completed ARD, and summary offenses after 5 crime-free years can usually be expunged. Most other convictions cannot be expunged, but many can be sealed under the Clean Slate law. Lower-level misdemeanors, including most DUIs, are sealed automatically after 7 conviction-free years, and some drug and property felonies can be sealed after 10 years. First- and second-degree felonies generally require a pardon.

A criminal record can follow you long after a case ends, through background checks for jobs, housing, and professional licenses. Panighetti Law helps people in Erie County figure out which records can be cleared, what has already been sealed automatically, and what needs a petition to the court.

• Expungement destroys the record of the case, so it no longer appears on public or most official criminal history checks.
• Sealing (an order for limited access) hides the record from the public and most employers and landlords, but law enforcement, courts, and certain licensing agencies can still see it. For most job and housing purposes, you can legally answer as if the sealed case never happened.

Pennsylvania’s Clean Slate law made many sealings automatic, so some people already have records sealed without knowing it. Others still need to file a petition.

Some offenses are excluded from sealing no matter how much time has passed, including offenses that require sex offender registration, most firearms offenses, and certain other offenses listed by the legislature. Eligibility also depends on your full record, so a single later conviction can reset or block the clock.

• DUI after ARD. If you completed ARD, the DUI charge is dismissed and the record can be expunged. Courts and PennDOT can still consider a prior ARD when deciding eligibility for diversion or penalties on a later DUI.
• DUI convictions. A DUI conviction cannot be expunged, but most first and second DUIs are misdemeanors that can be sealed after 7 conviction-free years.
• Juvenile records. Juvenile records are generally easier to expunge. Many can be cleared after a crime-free period following the end of the juvenile case, although some serious offenses are excluded. See juvenile defense.

For serious felonies and other records that cannot be sealed, a pardon from the Governor, after a recommendation by the Pennsylvania Board of Pardons, is usually the only path. A pardoned offense can then be expunged. The process often takes several years, and a strong application shows a long period without new offenses and how your life has changed since the conviction.

If an old case is holding you back, Panighetti Law can review your record, tell you what can be expunged or sealed, and file the petition with the Erie County Court of Common Pleas. Call 814-806-6385 to have your record reviewed, or learn more about our criminal defense practice and felony charges in Pennsylvania.

Sources: 18 Pa.C.S. Chapter 91 (Criminal History Record Information); My Clean Slate PA. This page is general information, not legal advice.