SEALING

Sealing

What is Sealing?
If your criminal record has been “sealed”, that means that most people cannot see it.
Who cannot see a sealed record?
A sealed record cannot be seen or considered by:

      • the general public.
      • landlords.
      • schools.
      • occupational licensing boards.
      • most employers (employers that do not use FBI background checks).

That means the vast majority of employers won’t see a sealed record.

Who can see a sealed record?
In these limited situations, your sealed record can be seen and used:

      • Law enforcement purposes (police, prosecutors and criminal courts)
      • Gun ownership and use applications (including permits to carry and Act 235)
      • Immigration
      • International travel
      • Other court cases, sometimes (dependency, custody, or protection from abuse cases)
      • Admission to the bar to be a lawyer
      • Limited situations where federal law requires a background check for employment
      • FBI records will show sealed cases, but they may be considered only where required by federal law. Learn more below.

If you are asked about your sealed record by someone listed here, you should not deny your record. You should explain you have a record that has been sealed.

My record is sealed. What should I say if someone asks?

When a criminal record is sealed, you can deny it ever happened. If your record is sealed and an employer asks you about it, you are allowed to deny that you were arrested or convicted.

There are some important exceptions to this rule. See "Who can see a sealed record?" for more information.

What Records Are Eligible for Sealing?
Nonconvictions

All non-convictions (dropped charges, not guilty dispositions, and completed diversion programs) are eligible for sealing.

Summary convictions

Summary convictions are eligible for sealing 5 years after conviction.

Misdemeanor convictions

Most misdemeanor convictions are eligible for sealing once 7 years have passed since your last misdemeanor or felony conviction. 

Felony convictions

Most drug felonies and some third-degree felonies (including theft, fraud, and trespass convictions) are eligible for sealing once 10 years have passed since your last misdemeanor or felony conviction.

 

Most felony and misdemeanor offenses in these categories can be sealed:

  • 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
  • Conspiracy to commit eligible crimes

Most other misdemeanors and all summary convictions can be sealed, including:

  • DUI
  • Simple Assault
  • Disorderly Conduct
  • Harassment
  • Terroristic threats
  • Recklessly Endangering Another Person
  • Resisting Arrest
  • Possession of an Instrument of a Crime
  • Prostitution

Felony and misdemeanor conviction eligibility rules are complicated, so you should speak to a legal representative to learn if you are eligible.

Find out more.

How Do I Seal My Record?

With Clean Slate automated sealing, your record may be sealed through an automated process – without you doing anything! Records can also be sealed after a petition is filed and granted in court. Some convictions (like M2 Simple Assault and F3 Retail Theft) can be sealed only by petition. For more information about how to seal your record, Get Help.

How Do I Know if My Record Has Been Sealed?
You still have access to your own full criminal record, so you can see what cases were sealed. First, look up your record on the UJS website. If it does not appear, that could mean that your record is sealed. To do a thorough search, try our tips on How to Find Your Record. If you think that your case has been sealed but want to be sure, you can visit the clerk of courts in a Pennsylvania courthouse and ask for a copy of your complete record, including sealed cases. Or you can submit an "Access and Review" request to the Pennsylvania State Police. You can download the form here and mail it to the address listed on the form. Please note that you will need to send a money order or check for $20, payable to "Commonwealth of Pennsylvania", as well as a copy of any government issued photo ID.
My record can be sealed or expunged. What should I do?

Some sealed records are also eligible for expungement. Learn more about expungement. If your sealed record continues to cause problems for you, or if you know your job requires FBI background checks, you may want to seek expungement. Find legal help.

Your sealed record may be eligible for expungement if:

      • Charges were dismissed or withdrawn by the judge or prosecutor
      • Charges were dismissed after completing a diversion program
      • You were found not guilty by a judge or jury
      • You were convicted of a summary offense and have not been arrested for 5 years
      • You are 70 years of age or older and have not been arrested for 10 years

If your sealed record continues to cause problems for you, or if you know your job requires FBI background checks, you may want to expunge your record. Find legal help.

FBI Records

Sealed cases are currently reported on FBI record background checks, but most employers are not allowed to get your FBI record.

If your job requires an FBI background check, you should see whether your record can be expunged. You will know if you are getting an FBI check because you will have to provide fingerprints.

If you have a problem with an FBI check, or if a sealed record is used against you by an employer, find legal help.

Learn More
Get Help

Want to know if you qualify for record clearing in Pennsylvania?

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Find A Legal Representative

A legal representative in the county of your arrest can file record clearing petitions or help with complicated issues. Free legal services may be available.