If you have a criminal record in Pennsylvania, you might be able to seal it. Sealing a record means government agencies must remove your record from public databases.  Because most background check companies obtain their records from public databases, this means most landlords, employers, and members of the public won’t be able to see your records anymore. It’s not deleted, but it becomes much harder to access.

Record sealing is a great choice if:

• You don’t qualify for expungement
• You have the type of record that qualifies for sealing
• You’re ready to move forward with your life, find a job, get a professional license, or rent or buy a home

Rasa can help you seal both felonies and misdemeanors. Our eligibility tool can help you see whether you can get records sealed, and we can serve as your lawyer through the sealing process. 

How Record Sealing Works in Pennsylvania

Record sealing in Pennsylvania follows a few important steps. Rasa can help you understand and navigate each step. 

Step 1: Use Rasa’s Tool to Check Your Eligibility 

For many people with records, figuring out what is on your record and whether it is eligible for sealing can be one of the hardest parts of the sealing process.  Rasa’s eligibility tool makes that step easy. Using your name and date of birth, you can create an account and almost instantly see what is on your record and whether it might be eligible for sealing now or in the future.

Step 2: Rasa Will Draft and File a Petition with the Court

Once we confirm your eligibility, we will draft and file a sealing petition with the court. This document is called a petition for an ‘Order of Limited Access.’ This means we’re officially asking the court to seal your record. The petition tells the court that you meet the requirements for sealing and want your record or certain cases to be inaccessible to the public.

Sealing petitions require a lot of specific information, including case numbers, specific case types, court information, and case outcome. Rasa can help you navigate this process easily. Sign up here to be notified when Rasa offers our eligibility tool and sealing services in Pennsylvania. 

Step 3: The Court Reviews Your Case

Once a petition of limited access is filed, the prosecutor has 30 days to review and object to your sealing petition.  At that point, the court reviews your case. The court review involves the judge looking over your petition and making sure that you meet all requirements. 

Rasa can also handle this part of the sealing process. We can make sure that the records you are trying to seal are eligible. If we serve as your lawyer, we can make sure the prosecutor and court get copies of your petition and review it in a timely manner.

The sealing process can be hard. Studies show that over 75% of people who try to navigate the record clearance process alone, fail to successfully complete the process. So, don’t do it alone! Let Rasa do the heavy lifting and make sure you have the best shot at success.

Step 4: Your Record Is Sealed

If the court sees that you meet all requirements, it will issue something called an Order of Limited Access. This order blocks most people from accessing your record. Once the court issues an order, the record sealing is complete. 

Eligibility for Pennsylvania Record Clearing

Not everyone qualifies for record sealing, but many people do. The rules for record sealing depend on the type of crime, the number of crimes on your record, and how long it has been since it happened.

To be eligible for record sealing you must:

• Pay all court-ordered restitution
• Meet the general rules for eligibility
• Not have any crimes on your record that would disqualify you from the sealing process 
• Meet wait-time requirements (misdemeanors and felonies have different waiting times)
• Not have more than four offenses on your record that are punishable by more than one year of prison time

Pennsylvania also offers automatic record clearing services. Click here for more information on that process. You can use the guide below and Rasa’s eligibility tool to decide if sealing a record is right for you. 

Crimes That Make You Ineligible

Some records or cases are not eligible for sealing. You cannot get your record sealed if you were convicted of:

• Murder or related crimes make an entire record ineligible for petition-based sealing. 
• Convictions for crimes that carry a sentence of more than 20 years or more in prison
• Any first degree felony convictions

If you have any of these crimes on your record, you are ineligible to get your record sealed. This applies to felony and misdemeanor cases. Even if you meet all the other criteria, the only way to seal a record with these crimes is by a pardon. Below you’ll find outlines for both felony and misdemeanor qualifications. 

Felony Sealing

First and second degree felony records are not eligible for sealing.  If you have a third degree felony on your record, it may be eligible for record sealing, if you meet specific requirements. 

Drug-related felonies called ‘Qualifying Offenses’ are eligible for sealing. A qualifying offense is a felony charge related to the possession or distribution of drugs. 

Other common third degree felonies that are eligible to be sealed include:

• Criminal Mischief: includes low-level property destruction or defacement, a third degree felony includes damage less than $5,000 in total.

• Criminal Trespass: includes crimes where a person knowingly trespasses.

• Theft: Typical theft, and other theft related crimes, are eligible for sealing, so long as restitution is paid.

• Forgery: Forgery of many kinds, including bad checks, insurance fraud, and identity theft

You can get those felonies sealed, as long as you meet the time and combination requirements outlined below. 

Misdemeanor Sealing

Most misdemeanors are eligible for sealing, but there are some exceptions. First-degree misdemeanors cannot be sealed if they include:

• Offenses against the family: These cases cause harm to a member of one’s family. They include charges like concealing the death of a child and dealing in infant children.
• Firearms: Some gun related offenses, including carrying a gun without a license if otherwise eligible are first degree misdemeanors and are not eligible for sealing.
• Danger to the Person: This does not apply to people charged with terroristic threats, but other cases considered ‘danger to the person,’ including stalking and some types of neglect, are not eligible for sealing.
• Minors: Cases involving minors, and cases that corrupt the morals of minors, are not eligible for sealing. 
• Sex offender registration: Any case that requires sex offender registration and is a 1st degree misdemeanor is not eligible for sealing. 

Other than those 1st degree misdemeanors, all misdemeanors are eligible for sealing as long as they meet the requirements below. 

Crime-Free Waiting Periods

You must also stay crime-free for a number of years before you will be allowed to seal your record. The amount of time you have to wait depends on the type of crime you are trying to seal:

• Misdemeanor or ungraded sealing: You must have 7 years without any new misdemeanor or felony charges before you can seal a misdemeanor or ungraded case. You must also have 10 years without a first-degree misdemeanor or felony on your record.
• Felony sealing: You must have 10 years without any new misdemeanor or felony charges before you can seal an eligible felony.
• Certain convictions require a longer waiting period: Convictions for certain types of crimes will increase the waiting period for sealing. A person must wait 15 years to seal their record if they have been convicted of a disqualifying offense. Disqualifying offenses include crimes that create danger to a person, offenses against family, firearm-related convictions, or a conviction that requires sex offender registration. 

Clean Slate Philadelphia has a very helpful flowchart you can use, along with our information and tools, to see if you are eligible. However, you don’t need to guess if your record is eligible or not. Use our eligibility tool to check your eligibility today!

Effects of Sealing Your Record

Once your record sealing is complete, your record is inaccessible to many people. It’s not erased, but it’s much harder to see. That means it won’t show up on background checks for jobs, housing, or most other situations.

Here’s a few ways sealing your record affect you:

Background Checks

Under the Fair Credit Reporting Act, sealed records shouldn’t show up on normal background checks. This means:

• Most employers won’t be able to see your criminal history. Job promotions and opportunities that you couldn't get before become available, since your record won’t count against you. 
• Most landlords won’t see your record if you apply for housing. You will not be denied housing based on sealed records, which improves your housing outlook.
• The ‘general public’ cannot search and access your record

Other Job Benefits

Pennsylvania law gives your employer extra protection once your record sealing is complete. If a person commits a crime of the same class as a crime that was previously sealed, their employer is not liable. For example, if the court prosecutes you for distributing drugs at work and you had a distribution charge sealed, your employer is not liable in any way for this crime. This means employers are much more likely to hire you once your record is sealed.

You Get a Fresh Start

Having your record sealed gives you a better chance to move forward. There are big benefits when it comes to housing and employment if you seal your record. More than that, people who get their records sealed are able to move forward where they were held back before. 

Rasa can help you navigate the record sealing process, and work towards this fresh start. Use our eligibility tool today to see what is on your record and if petition-based sealing is an option for you!