On December 14, 2023, Clean Slate Expansion (Act 36) became law in Pennsylvania. Expanding on the original Clean Slate, Pennsylvanians will now be able to seal felonies for the first time, among other important changes to the sealing law. We believe that hundreds of thousands of people will benefit from the new law. Read on to see whether this law might help you!
What Does the New Law Do?
- Most drug and property felony convictions can be sealed after 10 years or longer without a felony or misdemeanor conviction.
- The waiting period for misdemeanor sealing is reduced to 7 years.
- Makes clear that sealed and expunged records cannot be used to deny opportunities in employment, housing, or education.
What Does Sealing Mean?
Sealed records are not available to the public, and do not come up on most background checks for employment or housing. Sealed records can still be seen by law enforcement.
What Cases Can Be Sealed?
Once the new law goes into effect, convictions for the following offenses can be sealed:
Felonies after 10 years without a felony or misdemeanor conviction, including:
- Drug crimes
- Theft crimes, including Retail Theft and Receiving Stolen Property
- Trespass
- Forgery & Fraud crimes, incl. Access/Devise Fraud, Bad Checks, ID Theft and Welfare Fraud
- Criminal Mischief
Misdemeanors after 7 years without a felony or misdemeanor conviction, including:
- 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
These lists are not exhaustive. Also, the legal rules for sealing are complicated, especially if you have multiple cases. Be sure to reach out for legal assistance to see if and when you are eligible! A case cannot be sealed if you still owe restitution (owing other fines and costs will not keep you from sealing).
I’m Not Sure What’s on My Record. How Can I Find It?
To look up your record (in Pennsylvania only), visit MyCleanSlatePA.com (a project of Community Legal Services) and click on “Get Help With Your Record.” This is a free service where you can see your record immediately. There is no catch.
How Can I Get My Case Sealed?
- If a person has a single drug felony, it may be sealed by an automated computer process, not requiring you to take any action. Some misdemeanor convictions can also be sealed by automation. You should check your record to see if your case has been sealed.
- Other felonies and some misdemeanors are sealed by filing a petition in court.
How Can I Get Free Legal Help If I Need It?
If you are low-income, you can contact the legal aid program serving your county: palegalaid.net/legal-aid-providers-in-PA. If you are not low-income, call the PA Bar Association.
Also watch for notices of community expungement or sealing clinics. Many are likely to be held in the months ahead.
When Will the New Law Go Into Effect?
- For petitions: February 12, 2024.
- For automated sealing in situations where available: June 11, 2024.
Where Can I Get More Information about Clean Slate Expansion
Keep coming back to MyCleanSlatePA.com for more information.