Expunging or Sealing a Felony in Pennsylvania

Felony convictions generally cannot be expunged, except through a pardon or in the age-70 or deceased situations. A petition for limited access is available ten years after conviction for certain lower-level felonies (not first- or second-degree), once restitution and the fee are paid. These include criminal mischief, criminal trespass, theft offenses, forgery and fraud, certain public-assistance fraud, and "qualifying offenses" (a term the statute defines). A "qualifying offense" also becomes Clean Slate limited access automatically after 10 years free from conviction for an offense punishable by a year or more. Limited access is barred for murder, first-degree felonies, offenses punishable by 20 or more years, and people with certain recent violent, firearms, sex, or multiple serious convictions. Separately, any record may be expunged once the person reaches age 70 and has been free of arrest or prosecution for ten years after final release from confinement or supervision, or three years after the person's death.

The State Police recommend starting by requesting your full Pennsylvania record with Form SP 4-170, Request for Access and Review. Then file a petition with the Clerk of Courts in the county where the charges were disposed. Statewide forms include the Petition for Expungement under Pa.R.Crim.P. 790 (Court of Common Pleas), Rule 490 (summary cases, Magisterial District Court), and Petition for Limited Access forms. For limited-access petitions, the court notifies the district attorney within 10 days, and the DA has 30 days to object. If there is no objection, the court may grant the petition without a hearing. After the court grants expungement, the State Police expunge the record once they receive the court order.

A person generally cannot be required or asked to disclose an expunged or limited-access record and may respond as if the offense did not occur. The exceptions are criminal justice agencies, disclosures the law authorizes, and cases where federal law requires an employer to consider criminal history. Expunged and limited-access records may not be used by individuals or noncriminal-justice agencies for employment, housing, or school admission, except as federal law requires. Limited-access records stay part of the criminal history for courts, including at sentencing, and must be self-disclosed for public-office eligibility. Expunged records stay available to law enforcement and the courts. Employers who hire someone with such a record have limited immunity.