Pennsylvania Record Clearing Options

At Rasa, we help people clear all sorts of charges and records. It’s important to know that not everyone qualifies for the same type of record clearing. This page explains the four main types of record clearing in Pennsylvania, and who qualifies for them:

Expungement – Expungement is the most complete form of record clearance available in Pennsylvania. When a court grants an expungement, it completely removes the record from public court records and your criminal history. This means that the record will not appear and will be impossible for most people to see.
Petition-Based Sealing – Petition-based record sealing hides a record from public view. A sealed record cannot be accessed by the general public, and is typically not visible on background checks used by landlords or employers. Some agencies, including the court, can still see a sealed record for limited purposes. The requirements for petition-based sealing are less strict than the requirements for expungements.
Automatic Sealing – Automatic sealing has the same effect as petition-based sealing, but does not require a person to petition the court. Automatic sealing has stricter requirements than petition-based sealing, but usually there is less work on the record-holder's end.
Pardons - Pardons result in an expungement, but it can be difficult to get one. You have to apply through the Board of Pardons. The Board and the Governor must approve an application for a pardon. This is the only way for otherwise ineligible crimes and records to get expunged or cleared.

Rasa takes all the complexity out of figuring out which remedies you qualify for. Use our eligibility tool today to see what is on your record and what record clearance options you have both now and in the future.

Expungement in Pennsylvania

Expungement is the most complete way to clear a criminal record in Pennsylvania. When a record is expunged, it is removed from public databases and a person has the right to answer “no” when asked about their criminal record. To get an expungement people must file a petition with the court. This process is explained more down below.

Who Can Get an Expungement?

Not everyone qualifies for petition-based expungement, but people with certain minor offenses can qualify. Pennsylvania law sets specific rules on who can clear their record through this process. You must have paid all fines, fees, and restitution or received a fee waiver to get an expungement. Some of the most common charges or records that can be expunged include:

People with only summary offenses (minor crimes like disorderly conduct) who have had 5 years crime free.
People with underage but not juvenile drinking offenses or other related charges.
Those who have been acquitted of the same crime and ‘criminal episode’ that they are trying to get expunged. If you are acquitted, the same crime is not held against you on your record.
People who have a case where no disposition, or final decision, was delivered.
People who meet other qualifications, including those over the age of 70 who have been arrest and prosecution free for 10 years.
People who have completed an Accelerated Rehabiliative Disposition (ARD) for a non-excluded crime.

For more information on expungement eligibility, check out our Pennsylvania expungement page.

What Does Expungement Do?

Expungement removes a criminal record from most public databases and the Fair Credit Reporting Act requires background check companies to remove expunged records from their databases. This means it won’t show up on background checks for jobs, housing, or other opportunities. The courts and other agencies remove expunged cases from your record. It’s important to understand exactly what this process does—and what it doesn’t do. Expungement:

Removes records from public court and criminal history databases, so they don’t show up in background checks.
Allows you not to disclose the record making it so you do not have the same barriers you would have if the charge or conviction was still on your record.
Provides peace of mind, restoration of dignity, and access to opportunity.

Petition-Based Sealing in Pennsylvania

Petition-based sealing is not as complete as expungement, but it is a great option for people with records who are not eligible for expungement.. A petition-based sealing removes your record from public view and gives you the right to answer “no” when asked about your record on housing or job applications. Because under the Fair Credit Reporting Act, background check companies must remove sealed records from their databases, most landlords and employers cannot access your record. Both misdemeanors and felonies can be sealed under Pennsylvania law, but only a few felonies qualify for sealing. While the specific time periods you must wait depend on whether you are sealing a misdemeanor or felony, the process and many of the qualifications are the same. You must have paid all fines, fees, and restitution to seal your record in Pennsylvania.

Who Qualifies for Petition-Based Sealing?

Not everyone with a criminal record qualifies for petition-based sealing, but it is a good option for those who meet the requirements. This process is designed for people with lower-level misdemeanor or felony offenses who have stayed crime-free for a set period of time. People who qualify usually:

Have low-level felonies or misdemeanors that meet eligibility rules. Pennsylvania has a list of qualifying felonies and misdemeanors. Usually, crimes with higher severity are less likely to be eligible for sealing. Check out our Pennsylvania Petition-based sealing page for more information.
Have stayed crime-free for a certain amount of time. Both felony and misdemeanor sealing require that the record-holder be crime free for 7-10 years, depending on the severity level of the offense. If certain combinations of crimes appear on your record in the last 15 years you are ineligible for sealing.
Do not have certain serious offenses on their record. Certain serious crimes, including murder, make your entire record ineligible for sealing. This means that if these charges appear on your record, none of the crimes on your record are eligible for petition-based sealing.

What Does Sealing Do?

Sealing a record doesn’t erase it, but it does make it impossible for most people to access, including most employers and landlords. This can help remove barriers to jobs, housing, and other opportunities. Here’s what petition-based sealing does to your record:

Removes records from public databases like courts and criminal history records. Under the Fair Credit Reporting Act, background check companies must remove sealed records from their databases, so it no longer appears on typical background checks. This means that landlords and employers cannot see the record and so the record doesn’t count against you.
Protects employers from liability if they hire someone with a sealed record. Pennsylvania law provides protection for employers who hire people with sealed records. If a person commits a crime related to their sealed record, for example, the employer is not on the hook for their actions.
Keeps law enforcement access—police and courts may still see sealed records and can use them for certain purposes.

Sealing a record is usually a permanent option. However, in some circumstances, the court can vacate, or get rid of, an ‘Order for Limited Access,’ removing the sealing. This happens only if the prosecution can prove that the sealing should not have been issued.

Automatic Sealing in Pennsylvania

Because of Pennsylvania's 'Clean Slate Law,' automatic sealing works for some records. This means you may not need to file paperwork to have your record hidden from public view. To be eligible for automatic sealing, you must have paid all fines, fees, and restitution.

Who Qualifies for Automatic Sealing?

Pennsylvania's Clean Slate Law provides a way to seal some records automatically However, the law only applies to certain offenses and people who meet strict requirements. If you’re wondering whether your record qualifies, here are the key factors:

Have low-level misdemeanors or summary offenses that meet eligibility rules.
Meet all of the same requirements as petition-based sealing.
Do not have certain combinations of offenses on their record. For example, serious crimes, including murder, make a whole record ineligible for automatic sealing. Certain combinations of crimes can also make a whole record ineligible to be automatically sealed.
Not have disqualifying crimes. Some misdemeanors still require petition-based sealing. These crimes include, but are not limited to, crimes against the family, some animal related crimes, and some gun related offenses.

For more specific information on sealing a Pennsylvania Record, check out our petition-based and automatic sealing pages.

What Does Automatic Sealing Do?

Like petition-based sealing, automatic sealing hides eligible records from public databases, removing them from view. This means employers, landlords, and the general public won’t be able to access them. Automatic sealing:

Hides qualifying records from employers, landlords, and the public. Under the Fair Credit Reporting Act, background check companies have an obligation to remove sealed records from their databases. This means that both employers and landlords will not see your sealed record, which could make it easier for you to get jobs or housing.
Provides protections for employers who hire individuals with sealed records. Under Pennsylvania law, employers who hire people with a sealed record are given certain protections. This means that your record is less of a liability for them, which makes it easier for people with records to get a job.
Requires less action— When you qualify for automatic sealing, the government will do the work to seal your record and you do not have to file a petition. While the court can make mistakes, the state of Pennsylvania performs monthly checks to make sure eligible records are automatically sealed.

Pardons

Some people who have improved their life and tried to move past their record may still be ineligible for sealing or expungement. In this case, the best way forward is a pardon. A pardon results in an expungement, but is ultimately up to the discretion of the Board of Pardons and Parole. This means that the Board decides who gets a pardon and who doesn’t get a pardon. Still, a pardon is the only way forward for some people and records..

Who Qualifies for a Pardon?

There are no set criteria for getting a pardon. An applicant for a pardon must :

Demonstrate rehabilitation. The Board will hear your case, which means you will have to be able to show that a pardon is justified. The Board is more likely to grant your pardon If you can present a compelling case of rehabilitation.
Have some time ‘out of the system.’ The Board of Pardons recommends having at least 5 years crime-free for lesser crimes, and 10 years crime-free for higher level crimes, but that is not a requirement.
Apply for lower-level pardons. It is more difficult to get a pardon for higher-severity crimes. This doesn’t mean that getting higher level records expunged by pardon is impossible, just that it’s more difficult.

What Does a Pardon Do?

A pardon results in an expungement. The State reviews these cases monthly and orders expungement when someone has been granted a pardon. This means that crimes that don’t qualify for sealing or other methods can be cleared by a pardon. The expungement from a pardon does require a petition on your end, but this is the best way to delete otherwise ineligible records.

How to Get a Pardon

A pardon-based expungement can take a long time, and includes several interviews, including a public hearing with the Board of Pardons and Parole. The board has 5 members who make a recommendation to the Governor after a hearing. The pardons process usually involves:

Filling out an application
A review of your application
An interview by the Board, in a public hearing
The Board votes on whether or not to recommend your case to the Governer
The Governor reviews your case, and determines whether to grant it

There is a Board Vote after the public hearing. A majority, or 3 or more members, must vote in favor of recommending your case during the Board Vote for it to be advanced to the governor. There are no set legal standards for pardons, but there are recommended wait times and lower level crimes are more likely to be pardoned. Click here for a more in depth outline of the pardons process.

What is the Next Step for Clearing a Record?

A criminal record shouldn’t hold you back forever. Pennsylvania offers options to expunge or seal records, helping people move forward with jobs, housing, and other opportunities.

If you qualify for expungement, petition-based sealing, or automatic sealing, taking action can make a big difference. Each process has different rules, so checking your eligibility and having help navigating the record-clearing process are very important. Rasa can help you determine the best option to move forward.

Don't wait to get started. Use our easy eligibility tool today to see what is on your record and what your record clearance options are!