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Pennsylvania

Adult Criminal Record Clearance Overview

Adult criminal records for cases in which you were convicted are eligible for sealing or expungement in some situations. You have to file a petition in court to start the process. 

  • With certain exceptions, if you were convicted of a misdemeanor, the record can be restricted 10 years after you were convicted, so long as you have not been convicted of  anything during that time. It is up to the judge whether or not to grant your petition. 
  • If you were convicted of an underage alcohol offense when you were 18, 19, or 20, the record can be expunged when you turn 21. If you meet the criteria, the judge has to grant your petition. 
  • If you were convicted of a summary offense, the record can be expunged five years after your conviction, so long as you have not been arrested or charged with anything during that time. It is up to the judge whether or not to grant your petition. 
  • If you are 70 or older, the record of a criminal conviction can be expunged, so long as for 10 years after you completed your sentence you were not arrested or charged with anything. It is up to the judge whether or not to grant your petition. 

Adult criminal records for cases in which you completed a diversion or deferral program are eligible for expungement in some situations. 

  • In a first-time drug case, if the charges are dismissed after you successfully complete probation without verdict, the record should be expunged immediately. 
  • With certain exceptions, if your first-time offense case is dismissed after you successfully complete accelerated rehabilitative disposition, the record is expunged immediately, unless the prosecutor objects. 

Adult criminal records for arrests for which you were never convicted are eligible for extraction or expungement. 

  • Three years after your arrest, the record should be extracted from police department files if there is no pending case and there has not been a conviction. 
  • If you were arrested but no charges were filed within18 months, the record should be expunged. 
  • If you were arrested but not convicted, the record can be expunged immediately. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition. 

If you were convicted of prostitution or certain other offenses because you were a victim of human trafficking, the conviction can be vacated immediately. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition. 

Adult Criminal Record Clearance Policies

    Records relating to a conviction can be expunged for a person at least 70 years of age with no arrests or charges in the 10 years following the completion of their sentence. 18 Pa. Cons. Stat. § 9122(b)(1).
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    Records relating to an underage alcohol conviction for a person over the age of 18 can be expunged when the person reaches 21. 18 Pa. Cons. Stat. § 9122(a)(3).
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    Access to records relating to certain misdemeanor convictions can be limited by the court ten years after the date of conviction, so long as the person has no subsequent felony or misdemeanor conviction. 18 Pa. Cons. Stat. § 9122.1. See section section 9122.1(b) for ineligible offenses. 18 Pa. Cons. Stat. § 9122.1.
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    Records relating to a summary offense can be expunged five years after conviction, so long as the person has no arrests or charges in that time. 18 Pa. Cons. Stat. § 9122(b)(3), Pa. R. Crim. P. 490.
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    Records relating to certain offenses can be vacated by the court if the petitioner committed the offense as a direct result of being a victim of human trafficking. 18 Pa. Cons. Stat. § 3019(d).
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    Access to records relating to convictions for summary offenses and certain misdemeanors are limited by the court after 10 years. Pa. Cons. Stat. § 9122.2
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    Records relating to a first controlled substance offense are expunged upon dismissal following probation without verdict. 35 P.S. §§ 780-117, 780-119.
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    Records of a first-time offense can be expunged upon the dismissal following an accelerated rehabilitative disposition (ARD). 18 Pa. Cons. Stat. § 9122, Pa. R. Crim. P. 320.
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    Records relating to arrests and charges are extracted from police department files when three years have passed since an arrest without conviction and there are no pending proceedings. 18 Pa. Cons. Stat. § 9121(b)(2)(i).
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    Records relating to an arrest are expunged if no charges are filed within 18 months. 18 Pa. Cons. Stat. § 9122(a)(1).
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    Records relating to arrests and charges resolved without conviction can be expunged immediately. 18 Pa. Cons. Stat. § 9122(a)(2), Pa. R. Crim. P. 790.
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    Access to records of charges for which the disposition was not a conviction are limited by the court without a waiting period. Pa. Cons. Stat. § 9122.2.
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    Juvenile Record Clearance Overview

    Below is a general overview of when juvenile records can be expunged in Pennsylvania. Please note that the Clean Slate Clearinghouse does not provide legal advice. 

    Read the legal policies and statutes for detailed statutory information. 

    Juvenile Record Clearance Policies Overview 

    Most juvenile records can be expunged. 

    • If you were never charged, you successfully completed an informal adjustment, or your case was dismissed, your record can be expunged at any time. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
    • If you completed supervision under a consent decree or other diversion program, your record can be expunged six months after you complete the program. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
    • With certain exceptions, if you were adjudicated (found guilty) for an alcohol-related offense or a summary offense (non-traffic citation), your record can be expunged after you turn 18. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
    • With certain exceptions, if you were adjudicated (found guilty) for other offenses, your record can be expunged five years after your case, probation, or commitment ends. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 

    You can request that your record be expunged at any time if the attorney for the Commonwealth (prosecutor) agrees. It is up to the judge whether or not to grant your request. 

    You may not be eligible for expungement if you have certain convictions or adjudications on your record or have pending criminal or juvenile charges. 

    Find a Lawyer 

    If you think you might be eligible to have your record expunged, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court. 

    Court Forms and Resources 

    If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources. 

    Juvenile Record Clearance Policies

      Records relating to a complaint that is not substantiated or where the petition is dismissed by the court may be expunged after 30 days' notice to the district attorney, so long as the person is not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(1).
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      Records relating to a written allegation that is not approved for prosecution can be expunged after 30 days' notice to the district attorney, so long as the person is not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(1.1).
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      Records relating to the person's successful completion of an informal adjustment can be expunged after 30 days' notice to the district attorney, so long as the person is not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(1.2).
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      Records relating to a consent decree or diversion program can be expunged after six months have elapsed since the final discharge from supervision, so long as the person is not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(2).
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      Records relating to a conviction for a summary offense can be expunged, so long as the person is 18 years of age or older and not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(2.1).
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      Records relating to a conviction of a violation relating to the purchase, consumption, possession, or transportation of liquor, malt, or brewed beverages can be expunged, so long as the person is 18 years of age or older and not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(2.2).
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      Records relating to a person adjudicated delinquent can be expunged, so long as five years have elapsed since the final discharge and the person is not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(3).
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      A record relating to a juvenile delinquency case can be expunged at the discretion of the court, so long as the person has the consent of the attorney for the Commonwealth and is not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(4).
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      Find A Lawyer

      Legal service providers located in the state.

      Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.