Can I clear my criminal record in Pennsylvania? (expungement, limited access and Clean Slate)

Last updated October 4, 2026.

Often, yes. Pennsylvania has three tools. Expungement destroys the record and is available for charges that did not end in a conviction, completed ARD, summary convictions after five arrest-free years, and a few other situations (18 Pa.C.S. 9122). Limited access seals many misdemeanor convictions from the public, either automatically under Clean Slate after seven conviction-free years or by petition (18 Pa.C.S. 9122.1 and 9122.2). Serious violent, sexual, firearms and family offenses are excluded from sealing.

Which tool applies depends on how the case ended, the grade of the offense and what has happened since. For an overview of our criminal practice, see our criminal defense page.

Which tool fits my record?

The conviction-based sealing routes require that court-ordered restitution be paid, followed by the statutory fee for the limited access program (9122.1 and 9122.2). For DUI cases specifically, see whether a DUI can be expunged or sealed.

What is the difference between expungement and limited access?

An expunged record is removed, and notice goes to the State Police central repository, which tells every criminal justice agency that received the record (9122(d)). A record under limited access still exists, but criminal justice agencies are the main ones that can see it; it "shall remain part of a person's criminal history record information" and can be shown to a court, including at sentencing (9122.5(c)).

For most everyday purposes the effect is similar. You may not be required or asked to disclose an expunged or sealed record, you may answer "as if the offense did not occur," and the record may not be used for employment, housing or school admission, unless federal law requires it (9122.5(a) and (a.1)). Employers who hire someone with a sealed record are protected from liability claims tied to that record (9122.6).

Some lists survive even an expungement. Prosecutors and the central repository keep the names of people who completed diversion programs or had records expunged, used only to decide eligibility for programs, identify people in investigations and grade later offenses (9122(c)). That is why a completed ARD still counts against a second ARD.

What cannot be sealed?

Clean Slate does not apply to a conviction for any offense under Article B of the Crimes Code (offenses involving danger to the person), Article D (offenses against the family), the firearms chapter, offenses requiring sex offender registration, cruelty to animals or corruption of minors (9122.3(a)(1)). It also does not apply to a person who has ever been convicted of a felony other than a qualifying drug offense, of two or more offenses punishable by more than two years, or of four or more offenses punishable by a year or more (9122.3(a)(2)). Our page on how long sex offender registration lasts explains the registration side.

The petition route has its own exceptions in 9122.1(b), including convictions for murder, first-degree felonies and offenses punishable by 20 years or more, and some recent repeat convictions. ARD for certain sexual offenses against a victim under 18 cannot be expunged at all (9122(b.1)).

How do I file in Delaware County?

Expungement petitions in court cases go to the clerk of courts of the judicial district where the charges were filed (Pa.R.Crim.P. 790(a)(1)). In Delaware County the clerk of courts' work is done by the Office of Judicial Support, whose Criminal Division keeps the files for criminal cases sent up from the district courts. Our page on the Delaware County Courthouse shows where the Office of Judicial Support sits in the Government Center. The steps under Rule 790 are:

• The petition lists the case information, the charges to be expunged and the reasons, and attaches a State Police criminal history report obtained within 60 days before filing, unless the District Attorney waives it.
• A copy is served on the District Attorney, who has 60 days to consent, object or take no action.
• Within 14 days after that period, the judge grants or denies the petition or schedules a hearing.
• Unless the DA consented, the order is stayed for 30 days in case of an appeal.

Limited access petitions follow Rule 791 in the same court. The District Attorney receives notice within 10 days and has 30 days to object; with no objection, the court may grant the petition without a hearing (9122.1(c)). The Unified Judicial System publishes expungement and limited access forms on its forms page. Diversion programs that lead to expungement are covered in diversion for non-DUI charges in Delaware County. Summary citations are explained in what a summary offense is and whether it goes on your record.

How does Clean Slate happen without a petition?

1. Monthly transfer. The Administrative Office of Pennsylvania Courts sends the State Police central repository the records of convictions eligible for automatic limited access each month (9122.2(b)(1)).
2. Non-convictions and summaries. Records of charges that did not end in conviction go within 30 days after the disposition and payment of any restitution; summary convictions go within 30 days after they become eligible (9122.2(b)(2)).
3. Validation. The State Police check each record and report within 30 days any that are ineligible or do not match (9122.2(b)(3)).
4. Court order. Each county Court of Common Pleas, including Delaware County's, issues a monthly order for limited access on the remaining records (9122.2(b)(5)).
5. Limited release. After the order, the record goes to most non-criminal-justice requesters only as section 9121 allows (9122.2(c)).

What changes the answer?

• How the case ended. Non-convictions, ARD and acquittals lead to expungement; convictions lead to limited access, with age 70 or a pardon as the expungement exceptions.
• The grade. Misdemeanors of the second and third degree are sealed automatically; first-degree misdemeanors need a petition; most felonies cannot be sealed. The grades are compared in our criminal penalties chart.
• The type of offense. Offenses against the person or the family, firearms offenses, registration offenses, animal cruelty and corruption of minors are excluded from Clean Slate (9122.3(a)(1)).
• Felony theft and similar offenses. Some third-degree felonies, including theft, can be sealed by petition after ten conviction-free years; see how value changes a theft charge.
• Drug offenses. Qualifying drug convictions under section 13 of the Controlled Substance Act are sealed after ten years unless the sentence met the length cutoffs; our drug crimes page covers those charges.
• Restitution and your later record. Unpaid restitution or a new conviction can stop the clock.

For example: three records, three paths

Here is a hypothetical. A woman in Delaware County has three old cases. In 2014 a simple possession charge was withdrawn. In 2017 she was convicted of a summary disorderly conduct offense. In 2018 she pleaded to a second-degree misdemeanor theft and paid restitution, and she has had no convictions since.

The withdrawn charge can be expunged by petition under Rule 790 and is also sealed under Clean Slate. The summary conviction can be expunged after five years free of arrest or prosecution, and Clean Slate has already limited access to it. The 2018 misdemeanor qualifies for automatic limited access seven years later, because it is a second-degree misdemeanor, restitution is paid and she has stayed conviction free. She checks her State Police record to confirm each one, and petitions where the automatic process missed something. This example is only an illustration; every case depends on its own facts.

What mistakes do people make when clearing a record?

• Assuming everything clears automatically. Clean Slate does not reach first-degree misdemeanors, most felonies or the excluded offense types.
• Leaving restitution unpaid. It blocks the conviction-based sealing routes.
• Filing without a current State Police report. Rule 790 calls for one from within 60 days before filing, unless waived.
• Forgetting ARD expungement. The dismissal and expungement order after ARD often has to be requested.
• Answering background questions as if nothing was sealed. The protections in 9122.5 have exceptions, including federal requirements, so read the question carefully.
• Getting a new conviction. A later conviction for an offense punishable by a year or more resets the waiting period.

What should I do this week?

1. List every case on your record with the county, the docket number and how it ended.
2. Request a current Pennsylvania State Police criminal history report.
3. Check whether any restitution remains unpaid.
4. Count the years since your last conviction for an offense punishable by a year or more.
5. Note which cases look eligible for automatic sealing and which need a petition.
6. Talk with a lawyer about the petitions, and file them with the Office of Judicial Support for Delaware County cases.

Frequently asked questions

Can a disorderly conduct charge be cleared?

A summary disorderly conduct conviction can be expunged after five years free of arrest or prosecution, and Clean Slate seals summary convictions after five years; a misdemeanor version follows the misdemeanor rules. See whether disorderly conduct is a crime.

Do I need a lawyer to clear my record?

Not always; the court system publishes the forms. But choosing the right tool, getting the State Police report and answering objections are where people often need help, especially for petitions.

Will an employer still see a sealed record?

Most private employers should not, and you generally may answer as if the offense did not occur, unless federal law requires disclosure (9122.5). Criminal justice agencies and courts can still see it.

Does a completed ARD count against me later?

Yes, for limited purposes. Prosecutors keep a list of people who completed diversion, used to decide eligibility for later programs and the grading of later offenses (9122(c)).

Where do I file for a Delaware County case?

With the Office of Judicial Support, which does the work of the clerk of courts in Delaware County, under Rules 790 and 791.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about clearing a Pennsylvania record.