Clean Slate Pennsylvania: Who Qualifies and How the Process Works

Clean Slate

What Is the Pennsylvania Clean Slate Law?

A past criminal record can follow you into a job interview, a rental application, or a college admissions process. For many Pennsylvanians, that record represents one mistake, not a pattern of behavior. The good news is that Pennsylvania law now gives more people than ever a real path forward.

Pennsylvania was the first state in the nation to implement a process to seal criminal records from public view, allowing those who made a mistake in their past to start fresh. Clean Slate Pennsylvania has expanded significantly in recent years, and understanding who qualifies is the first step toward clearing your record and moving on with your life.

Pennsylvania’s Clean Slate Law, officially Act 56 of 2018 and later amended, represents groundbreaking legislation that automatically seals certain criminal records after specified waiting periods without requiring individuals to file petitions or appear in court.

When a record is sealed under Clean Slate Pennsylvania, it disappears from most public background checks. A person with a sealed record is able to obtain housing, education, and employment without their criminal record holding them back.  Clean Slate sealing is different from expungement. Sealing restricts who can see a record. Expungement removes the record entirely. Both serve important purposes, but they involve different legal processes and eligibility rules.

The law has gone through several expansions. The most recent significant legislative change, known as Clean Slate 3.0 or Act 36, was signed into law on December 14, 2023, enabling more Pennsylvania residents than ever before to have their criminal records sealed.

Who Qualifies for Clean Slate Pennsylvania?

Eligibility depends on the type of offense, the sentence imposed, and how much time has passed since the conviction. Here is a breakdown of who may qualify:

Summary Convictions

Summary convictions seal automatically after 5 years have passed with no criminal charges pending. This automatic process began in June 2024. Summary offenses are the lowest level of criminal offense in Pennsylvania, covering things like disorderly conduct and minor traffic violations.

Misdemeanor Convictions

Misdemeanor convictions seal automatically after 7 years have passed since the conviction, with no misdemeanor or felony convictions during those 7 years. This waiting period was reduced from 10 years under Clean Slate 3.0.

Misdemeanors must have sentences of 2 years or less to qualify. This excludes first-degree misdemeanors sentenced to maximum terms and some aggravated second-degree misdemeanor sentences. Common qualifying misdemeanors include DUI first offense, simple assault, disorderly conduct, retail theft, harassment, and reckless endangerment, among others.

Felony Convictions

This is where Clean Slate Pennsylvania made its biggest expansion. Act 36 of 2023 expanded Pennsylvania’s Clean Slate law to apply to non-violent felonies, including some felony drug convictions. Since taking effect June 11, 2024, it is now possible for people convicted of these offenses to get their record sealed through Clean Slate.

Certain low-level felony convictions may now be sealed by petition after 10 years, including drug offenses with shorter sentences such as possession with intent and delivery of small amounts.  Felonies must have sentences under 7 years total confinement. Consecutive sentences are aggregated, so if someone received two 4-year sentences to run consecutively, Clean Slate does not apply despite each individual sentence being under 7 years.

Non-Conviction Records

Pennsylvania’s Clean Slate legislation automatically seals non-conviction charges within 30 days of final disposition by the courts. If your charges were dismissed, withdrawn, or resulted in a not-guilty verdict, those records may be sealed quickly without any waiting period.

Pardoned Offenses

The new amendments expand the automatic expungement of records to unconditional pardons. The Pennsylvania Board of Pardons must notify the Administrative Office of Pennsylvania Courts on a quarterly basis of any pardons, and then requires the AOPC to notify the relevant Court of Common Pleas to order the record expunged.

Who Does Not Qualify for Clean Slate Pennsylvania?

Not every record is eligible for sealing. Pennsylvania law excludes certain offenses regardless of how much time has passed. Individuals convicted of the following offenses are not eligible: murder, first-degree felonies and offenses punishable by 20 or more years in prison, felony crimes involving danger to persons and crimes against the family, firearm offenses, tiered sexual offenses or those requiring registration as a sexual offender, or four or more misdemeanors graded as second degree or higher.

Additionally, records with unpaid fines or restitution do not seal until those financial obligations are satisfied. If you owe court costs, fines, or restitution, those must be paid before the Clean Slate process can move forward on your record.

Automatic Sealing vs. Petition-Based Sealing

Clean Slate Pennsylvania works through two paths:

Automatic Sealing

Pennsylvania State Police maintain criminal history databases that track convictions, sentences, fines, and restitution. Automated systems identify records meeting Clean Slate criteria by analyzing conviction dates, sentence lengths, subsequent criminal activity, and financial obligation satisfaction. When records qualify, they are automatically flagged for sealing and removed from public access databases. No action is required on your part for automatic sealing. The system handles it based on the data it has on file.

Petition-Based Sealing

Some records, particularly certain felony convictions under the expanded law, require filing a petition with the court. For other felonies and certain misdemeanors, sealing requires filing a petition in court. The new legislation came into effect for petitions starting February 12, 2024. Petition-based sealing involves more steps and benefits greatly from having an attorney handle the paperwork and court process on your behalf.

What Happens After Your Record Is Sealed?

Once Clean Slate Pennsylvania seals your record, real protections kick in immediately. A Clean Slated record is sealed from public view. Subject to some exceptions, a person cannot be required to disclose information about a conviction that is sealed, and may respond to questions about their criminal record as if the offense did not occur.

Prior to September 2024, due to technical limitations, sealed records did appear on fingerprint-based FBI background checks for employment. Now, the Pennsylvania State Police has addressed the technical issue and sealed records will not appear on FBI background checks obtained for non-criminal purposes.

This is a significant development. It means that sealing a record now offers broader protection than it did just a few years ago. There are exceptions. You must still disclose sealed records to criminal justice agencies and to certain employers who are legally required to run FBI-level background checks, such as those working with children or in licensed financial roles.

Can Your Record Be Sealed If You Have Multiple Convictions?

In Pennsylvania, records are sealed on a charge-by-charge basis. A person can have all non-conviction charges cleared even if they were convicted for a separate charge. For example, if a person gets arrested for four charges but only convicted of one, the other three can be sealed.

However, new convictions reset waiting periods. Someone with three qualifying misdemeanors from 2012 to 2014 would see all three seal in 2024 to 2025 if no new convictions occurred, but a new conviction in 2023 would restart all three waiting periods.

How McKenzie Law Firm Can Help You With Clean Slate Relief

Determining whether your specific record qualifies for Clean Slate Pennsylvania is not always straightforward. Sentence lengths, offense types, waiting periods, and unpaid financial obligations all factor into eligibility. A mistake in the petition process can cause delays or denials.

Attorney David McKenzie spent years as a prosecutor before dedicating his practice to criminal defense across Pennsylvania. He understands exactly how the courts evaluate these petitions and what it takes to get a record sealed efficiently. Whether your situation involves automatic sealing or a court petition, having experienced legal guidance protects you from errors that could set the process back.

The firm holds an AVVO rating of 10.0 Superb and has earned hundreds of five-star client reviews across Pennsylvania. Every client receives personalized attention and a clear strategy based on the specific facts of their record.

Your Record Does Not Have to Define Your Future. Act Now.

Clean Slate Pennsylvania gives thousands of residents a real opportunity to move forward without a criminal record shadowing every opportunity. If you are not sure whether your record qualifies, or if you need help filing a petition, speaking with an experienced Pennsylvania criminal defense attorney is the smartest next step.

McKenzie Law Firm, P.C. is ready to review your situation and help you understand your options.

Contact Us Today

Phone Number: (610) 756-1303
Email Address: info@davidmckenzielawfirm.com
Office Hours: Mon-Fri: 8 AM – 5:30 PM, Sat-Sun: 9 AM – 12 PM

Blue Bell Office:
McKenzie Law Firm, P.C.
325 Sentry Pkwy, Building 5 West, Suite 200
Blue Bell, PA 19422

Exton Office:
600 Eagleview Blvd, Suite 300
Exton, PA 19341

King Of Prussia Office:
630 Freedom Business Center, 3rd Floor
King Of Prussia, PA, 19406

Find a Competent DUI Lawyer Now!
  • Horsham DUI Lawyer
  • Abington DUI Lawyer
  • Ridley DUI Lawyer
  • West Chester DUI Lawyer
  • Phoenixville DUI Lawyer
  • Whitemarsh Township DUI Lawyer
  • Springfield DUI Lawyer
  • Lower Providence DUI Lawyer
Client Reviews
Mark profile picture
Mark
2 months ago
Truly great experience with McKenzie Law Firm. David was great to work with, fantastic communication, and answered all by questions. He took care of my case from beginning to end and worked it out to have the citation withdrawn before my court date. No citation, no penalty, no points, and I didn’t even have to go to court! Way more than I expected and can’t ask for more than that. I would highly recommend McKenzie Law to anyone.
CATHY FENN profile picture
CATHY FENN
2 months ago
David McKenzie is a great attorney. He has helped my nephew on multiple occasions and always gets a better outcome than expected each time. He does his very best and explains outcomes and is very personable and empathetic. He is very professional, calm, caring, and trustworthy. I am very thankful for all He did.
Luiz Rivera profile picture
Luiz Rivera
3 months ago
I can't recommend David McKenzie enough. My stepfather had a traffic citation today, and from the moment we walked in, we were treated with professionalism, respect, and genuine care. The attorney took the time to explain everything clearly, and made us feel confident throughout the process.
The best part was that we left with nothing but good news. His knowledge, honesty, and dedication truly made a stressful situation much easier. If you're dealing with a traffic violation, this is definitely the law firm you want on your side. Thank you for all you do and for the outstanding service!
OLIMZHON BAKHRONOV profile picture
OLIMZHON BAKHRONOV
3 months ago
"I want to sincerely thank my lawyer for brilliantly handling my case in court. Everything was done at the highest level — professionally and with full dedication. We got exactly the result we hoped for.

Working with such a specialist is a real pleasure. You can feel his vast experience, attention to every detail, and genuine care for the client. Thank you so much for your excellent work!

I wish you continued success, new victories in court, and may your practice keep thriving. You are a true professional!"
KEYI JIANG profile picture
KEYI JIANG
5 months ago
David was extremely professional and responsive throughout the entire process. He successfully negotiated the dismissal of my speeding citation and made the process stress-free. I highly recommend him to anyone dealing with traffic matters in Pennsylvania.
N8 TheGr8 profile picture
N8 TheGr8
5 months ago
David was fantastic, friendly, dapper and informed. Even though i asked annoying questions, he exercised patience, professionally and communicated clearly, making sure i understood the situation fully. He resolved all of my concerns, before they began. Thanks again David!
Edwin Velez profile picture
Edwin Velez
6 months ago
David McKenzie was my lawyer and did an amazing job. He handled everything, stayed on top of my case, and got the charges dropped. Super professional and easy to work with. Definitely recommend him.
Ian Anderson-Ley profile picture
Ian Anderson-Ley
2 years ago
Great experience with Mr. McKenzie. Couldn’t be happier with his representation. Hopefully I never do, but if I ever need an attorney again I will certainly be using him again
kevin profile picture
kevin
2 years ago
He was very sharp, knew exactly what he was doing, and got me an amazing deal. 10/10 lawyer!
Raymond Ramsher profile picture
Raymond Ramsher
2 years ago
Remarkable service
Kathlyn Davis profile picture
Kathlyn Davis
2 years ago
David is and will be my trusted attorney moving forward. The results he promised.
I recently applied for the Mckenzie Law Scholarship, and I was impressed by their commitment to supporting aspiring legal professionals. The application process was smooth, and I appreciate the opportunity they provide for students to pursue their legal education. Thank you, Mckenzie Law, for your dedication to empowering future lawyers!
Alex Hrskuti profile picture
Alex Hrskuti
2 years ago
Mr. McKenzie was an absolute miracle to have represented me in my case. He was able to negotiate very well with the prosecution as my case was not very open and shut, at least in my eyes. Having him come in with a fresh view of the case and takeover from the P.D. that was on my case truly shows what an expert in law this gentleman is. I highly recommend you reach out to him for help, he truly changed my future forever!
Dan N profile picture
Dan N
3 years ago
I highly recommend David McKenzie for any criminal matter no matter how big or how small. He kept in constant communication with me, he made sure I had all the information about my case, and he provided me with all of the possible outcomes so I knew what I was up against. Even with having a felony on my record, he was able to completely get me off my original charge and I only ended up with a $20 fine. I wouldn’t choose anyone else to represent me and if you decide to hire a different lawyer you’re making a mistake. Good Luck!
Rich Canaris profile picture
Rich Canaris
4 years ago
My experience with the McKenzie Law Firm was very positive. From the initial contact, I was treated with courteous and professional service from both David and his staff. David has continued to take the time needed to consult with me on related matters and has always provided me with prompt responses. He has guided me through a rough period with kindness, honesty and understanding. He has made me feel at ease through the duration and I thank him for all of his help. I would highly recommend his representation in legal matters.
Our Location
Free Case Evaluation






    Related Post

    Get the latest guidance, tips, and updates directly from Attorney David C. McKenzie III on criminal defense and DUI law.