Definition of the PA Clean Slate Law
In June of 2016, the Pennsylvania General Assembly passed the Clean Slate Law. This law allows individuals to clean their criminal record and start with a "clean slate." Individuals have certain criminal convictions expunged after they meet the necessary eligibility requirements and wait for the proper time period.
The original Clean Slate Law (and its predecessor, Act 5 of 2016) focused on what is know as "summary offenses." Summary offenses are the least serious crimes in Pennsylvania . Under the Act, Pennsylvania automatically expunges certain summary convictions for non-violent offenders after the individual has stayed out of trouble for ten years after completing his or her sentence. The criminal convictions are then "sealed," and cannot be seen through a background check. On April 17, 2016, Act 134 was passed, which extended this automatic expungement to certain misdemeanor and felony convictions. Although similar to summary offenses, these convictions require a slightly more involved process in order to be expunged.
Who Qualifies Under the PA Clean Slate Law
There are two basic eligibility requirements for people to have their records sealed under the PA Clean Slate Law. First, the criminal case for which the record will be sealed must have gone through the Pennsylvania justice system. The case must have started with an arrest, a citation, or a summons, and it must have been concluded in some fashion by entering a plea or verdict or final disposition resulted from a trial, dismissal, nolle prosequi, acquittal, or other form of termination. If you have never been arrested, been issued a summary citation, been summoned to court, or had a criminal charge filed against you, then you may not be eligible to use the Clean Slate Law to seal your record.
Second, the subject conviction must belong to one of the eligible categories of convictions. The only convictions that can be sealed are those for charges on the list of eligible convictions that was previously excluded from public access under a prior law. After June 28, 2019, the law provides for the automatic sealing of certain misdemeanor convictions, summary convictions, and convictions for other minor offenses. More information on the classes of convictions that may be automatically sealed can be found in the sections entitled What Happens Next? and When Do I Get My Records Sealed?.
One potential pitfall for people to be aware of is that another provision of the Clean Slate Law provides that people in currently active probation are not eligible for record sealing until they complete their term of probation. It is important to consult with skilled attorneys so that potential barriers do not impede the process of having eligible convictions automatically sealed after June 28, 2019.
Cases that are Excluded from the Clean Slate Law
Examples of cases that are specifically ineligible to be sealed under the PA Clean Slate Law include:
1. Arrest record without conviction: An arrest is not an open or vacated case, like a summary case that ended in a not guilty verdict or a dismissal.
- Convictions of a felony of the first degree: Such a conviction falls under an exception listed in the law. F1s include murder, terrorism, and several other violent crimes carried by using what lawmakers defined as a deadly weapon.
- Convictions of a misdemeanor of the first degree: This also includes violent crimes such as aggravated assault without a weapon, stalking and certain sexual offenses. Convictions of two misdemeanors of the first degree are particularly ineligible under the second-degree misdemeanor exception to the rules, making them ineligible for sealing.
- Convictions of a misdemeanor of the second degree: These are punishable by jail time of up to two years, fall within the misdemeanor of the first degree exception and include conspiracy to commit an F2 or an F3, theft by deception, robbery, perjury, custodial interference and certain firearm offenses.
- Convictions of DUI: A drunk driving conviction also falls under an exception to clean slate eligibility, as does any other conviction under the Vehicle Code with a maximum punishment of at least six months in jail.
- Certain third-degree felonies: Included in this exception are kidnapping, sexual assault, aggravated assault and involuntary deviate sexual intercourse.
The Process for Sealing Criminal Records
Your first step in the sealing process is to apply for the appropriate clearance with the correct agency issuing your conviction or arrest. The PA legislative authority made this process relatively easy if you are eligible. Most may do this online through the specific agency’s website. You need to fill out a petition electronically. Note: there is not going to be a lawyer involved.
If you have been convicted of a crime, you will apply directly with the PA Department of Health. Note: there is not going to be a lawyer involved. Many agencies can release or expunge records of arrest not followed by a conviction or a release and exemption from the automatic destruction law. For example, the Clerk of Evesham Municipal Court will evaluate cases according to the law standards. If, after evaluating that you meet the legal standards, the court will order the records to be expunged at the end of 120 days. For convictions other than minor misdemeanors, while it may take some time, you may opt to have your records sealed with the court directly. This process can take some time, as the judge will need to review the case and determine whether the criteria for sealing has been met. In all cases, you will need to file a petition. More specifically, your counsel will likely need to file an Order with the court, as well as a service of notice to the agency, the district attorney’s office, and the Pennsylvania State Police. Unless you can demonstrate that your case should be sealed through other means, like through an ARD program, your court will evaluate whether or not a hearing is necessary. This generally involves the court contacting the district attorney’s office and asking for their position on the matter. If they raise no objections, the court may proceed with the hearing, however, you may request a hearing not less than 30 days after the date of the filing of the petition. This is when the court will make a determination on whether the records will be sealed.
Advantages of the Clean Slate Law
When a person meets the eligibility requirements of the PA Clean Slate Law and has their non-violent private criminal record automatically sealed, the benefits that await them can often be overlooked by those who have never gone through the process. Simply put, which records are eligible to be sealed and which records are not is a great starting point to understanding PA’s Clean Slate Law, but it is only part of the picture. The real question that needs to be asked and answered is whether sealing the record will help you move on with your life.
In many cases, the answer is unquestionably "yes." The sealing of criminal records can have a profound impact on the way in which you move forward with your professional and personal life.
For instance, in PA, more than 90% of employers conduct background checks as part of their hiring processes. Having a criminal conviction makes it extremely difficult to be hired in many different job fields. When an employer sees a criminal conviction on your background check, you will likely be passed over in favor of another candidate without a conviction, even if the jobs are not closely related and the conviction is an old one. In Pennsylvania, PA’s Clean Slate Law automatically sealing criminal records means that those records can no longer be used against you either during a background check or during a job interview . This means that your chances of gaining employment are vastly increased because prospective employers only see a clean record under the new law.
Additionally, having a past criminal conviction can make it very tough to secure housing in Pennsylvania and elsewhere. Many apartment complexes and landlords will simply pass over your application if you have a criminal history. Under the PA’s Clean Slate Law, the sealing of your criminal record means that you are less likely to be rejected by prospective landlords because they will be unable to see what is in your criminal record.
The final important benefit of the PA Clean Slate Law is that it helps people regain social standing and community credibility. In our society, there are many different social consequences for committing a crime. Those who have paid their debts to society and served their time should not have to live with the stigma of having a past criminal conviction, which is what having a non-sealed record means. With the benefit of the PA Clean Slate Law, a person who has completed his or her sentence and has avoided future criminal conduct does not have to suffer from the social consequences of a past crime.
Challenges and Considerations
While the PA Clean Slate Law is a huge step forward in providing people with eligible convictions a general clean slate, there are limitations and other issues people seeking eligibility should be aware of. For instance, many people may not be able to proceed immediately even if they seem to qualify for the relief due to having one or more incomplete records. In addition, it may simply be necessary to have legal assistance for filing an individual petition and some people may have trouble navigating the process on their own. A person who must wait to get their records complete or needs help for other reasons should not be discouraged and should seek the required assistance. Having legal representation may also be needed even though a waiting period could be involved, such as when the person wishes to pursue having multiple cases expunged.
Legal Help and Resources
While anyone can pursue a petition to the court by themselves, applying under the PA Clean Slate Law can be complex and overwhelming. Those that apply through the courts without legal representation may have a lower chance of having their expungement or sealing request granted. Filing forms incorrectly, misunderstanding definitions, or missing filing deadlines can leave an unrepresented individual with an unresolved offense and a potential public record following him or her around for years. Additional help may be available from legal aid centers, attorney volunteers , and pro bono or reduced-fee clinics. The Clean Slate Coalition is a network of over 50 organizations fighting for justice for all people with arrest and conviction records. Keystone Legal Services and Community Justice Project both provide free legal resources and legal assistance to those eligible under the Texas Second Chance program. The Pennsylvania Bar Association assists individuals new to the legal system who cannot afford an attorney, students interested in a career in public service law, and volunteer attorneys working on cases pro bono or at reduced fee programs. For those eligible for relief under the Clean Slate Law, taking action and having a record cleared will provide a second chance and ensure he or she is not left behind.