Do I Need to Apply for Clean Slate Relief?
Many Pennsylvanians with a criminal record do not realize that relief may already be on its way, without them lifting a finger. Pennsylvania’s Clean Slate law was built around a simple but powerful idea: eligible people should not have to jump through endless legal hoops to move forward with their lives. But here is where it gets nuanced.
Some records seal automatically. Others require you to file a petition. Knowing which path applies to your situation is the difference between waiting and acting. This blog answers the question directly: do you need to apply for Clean Slate relief, or will it happen on its own?
What Is Clean Slate Relief in Pennsylvania?
Pennsylvania’s Clean Slate Law 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 relief, it disappears from most public background checks. Employers, landlords, and schools can no longer see it. Law enforcement retains access, but the general public does not.
The Clean Slate Law consists of two main components: automatic sealing, where certain criminal records are sealed automatically without the need for action from the individual, and petition-based sealing, where individuals can file a petition to request the sealing of records that are eligible under the law. Understanding which path applies to you is the first step. Read our related blog on who qualifies for Pennsylvania Clean Slate relief to confirm your eligibility before going further.
When You Do NOT Need to Apply
For many Pennsylvanians, Clean Slate relief happens automatically. No application. No court appearance and no filing fees. Pennsylvania’s court system automatically seals qualifying records. Summary convictions started sealing automatically in June 2024. Misdemeanor sealing runs on a rolling basis.
Here is what seals automatically and when:
- Summary Convictions
Summary convictions seal automatically after 5 years have passed with no criminal charges pending. This automatic process began in June 2024. - Misdemeanor Convictions
Misdemeanor convictions seal automatically after 7 years have passed since conviction with no misdemeanor or felony convictions during those 7 years, reduced from 10 years under Clean Slate 3.0. - Misdemeanors eligible for automatic sealing include DUI first offense, simple assault, disorderly conduct, resisting arrest, harassment, reckless endangerment, and more.
- Certain Felony Drug Offenses
Certain felony drug charges are automatically sealed after 10 years. This expanded eligibility came through Clean Slate 3.0, signed into law in December 2023. - 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 or you were found not guilty, those records seal quickly without any waiting period. - How the Automatic Process Works
State agencies use technology to identify records eligible for sealing based on the law’s criteria. Eligible records are automatically sealed from public databases. Individuals are notified when their records have been sealed.
When You DO Need to Apply
Not every record seals on its own. Some situations require you to take action and file a petition with the court.nIf a conviction is not sealed automatically, a petition must be filed in court. Petition-based sealing is required in these situations:
- Certain Felony Convictions
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. Property-related felonies such as third-degree theft, forgery, and fraud may also be eligible by petition, provided restitution has been paid and 10 years have passed without new convictions. - First-Degree Misdemeanors
Some first-degree misdemeanors do not qualify for automatic sealing but may be sealed through a petition depending on the specific offense and circumstances involved. - Records That Were Missed by the Automated System
An individual who believes their record was not sealed due to a backlog, or was not sealed in error, may file an Act 5 petition for limited access.
If you believe your record should have been automatically sealed but was not, filing a petition gives you a direct path to request relief from the court.
How to File a Petition for Clean Slate Relief
If your situation requires a petition, here is what the process generally involves: File a petition in the Court of Common Pleas in the county of conviction. Include documentation of conviction, date, sentence completion, and lack of subsequent convictions. The court reviews the petition and may schedule a hearing. The District Attorney’s office is notified and may object. If granted, the court orders the record sealed.
The petition must be accurate and complete. Missing documentation or errors in the filing can cause delays or result in a denial. The burden is on the petitioner to demonstrate eligibility. Cases eligible to be sealed under Clean Slate can be filed with the local court where your case was heard. Each court has different processes to file petitions so you should contact your local court or legal aid program for more information. There may be fees to file your petition, but you may be able to have them waived if you are low-income or represented by a legal aid program.
What Can Block Your Clean Slate Relief?
Even if your offense type qualifies, certain conditions can delay or prevent sealing entirely.
- Unpaid Fines or Restitution
All fines, costs, and restitution must be paid before sealing occurs. If you owe money to the court, the system will not seal your record until those obligations are resolved. - New Convictions During the Waiting Period
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. - Ineligible Offense Types
Serious offenses including first-degree felonies, murder, sex offenses requiring registration, and crimes involving minors remain permanently public. No path to Clean Slate relief exists for these records under current Pennsylvania law.
How to Check If Your Record Has Been Sealed
If you think your record may have already been sealed automatically, you can verify it. Check your record via a PA criminal history report to confirm sealing. Obtain your criminal history by requesting your PA State Police criminal history report through the PATCH system. The fee is approximately $22.
Reviewing your own record is a smart step before applying for jobs, housing, or professional licenses. It confirms whether the automatic process worked correctly and whether any records remain visible that should not be.
What Happens Once Your Record Is Sealed?
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.
Act 36 added to the list of existing protections by prohibiting the use of sealed records for employment, housing, or school matriculation purposes. There are limited exceptions. You must still disclose sealed records to criminal justice agencies and to certain employers legally required to conduct FBI-level background checks.
How McKenzie Law Firm Can Help
Whether your record seals automatically or requires a petition, getting a professional legal review puts you in the strongest position possible. Eligibility is not always straightforward. Sentence lengths, offense types, waiting periods, and unpaid obligations all affect whether Clean Slate relief applies to your specific record.
Attorney David McKenzie is a former prosecutor who now helps individuals across Pennsylvania navigate the criminal record sealing process. He understands how the courts evaluate petitions and what it takes to move the process forward efficiently. With an AVVO rating of 10.0 Superb and hundreds of five-star reviews, the McKenzie Law Firm has built a trusted reputation for results across the state. If you are unsure whether your record has been sealed, whether you need to file a petition, or what your next step should be, call today for a case review.
Do Not Wait to Find Out Where You Stand. Get Answers Today.
Clean Slate relief in Pennsylvania is one of the most meaningful legal tools available for people with a criminal record. Some records seal without any action on your part. Others require a well-prepared petition filed in the right court. Either way, knowing your status puts you in control of your future. McKenzie Law Firm, P.C. is ready to review your record and help you take the right next step.
Contact McKenzie Law Firm, P.C. today
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