Can I have a felony drug conviction expunged?
Can a Felony Be Expunged in Pennsylvania?
No—unless you’ve been dead for three years or are at least 70 years old and have stayed out of trouble for the last 10 years. As bizarre as that may sound, Pennsylvania law only allows for felony expungement in two very limited circumstances:
The individual has been deceased for three years, or
The individual is 70 years or older and has not been arrested or prosecuted for at least 10 years since completing their sentence.
Outside of those narrow exceptions, Pennsylvania judges are legally prohibited from granting expungements for felony convictions—even if the judge believes it’s the right thing to do for job opportunities or restoring rights like firearm ownership. It is illegal under Pennsylvania law for a judge to expunge a felony conviction unless those specific criteria are met.
Can You Seal a Felony Record in Pennsylvania?
A limited number of felony convictions can be moved to limited access after 10 years. First and second degree felonies are NOT eligible. If the person has been free from conviction for 10 years, they can seek limited access for third degree felonies for a conviction under:
- An offense under section 3304 (relating to criminal mischief).
- An offense under section 3503 (relating to criminal trespass).
- An offense under Chapter 39 (relating to theft and related offenses).
- An offense under Chapter 41 (relating to forgery and fraudulent practices).
- An offense under section 481 of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code.
For more information about limited access, click here.
How to Remove a Felony from Your Record in Pennsylvania: Pardon Required
If you’re looking to expunge or seal a felony drug conviction in Pennsylvania, your only legal option is to seek a pardon from the Pennsylvania Board of Pardons.
What Is a Pardon?
A pardon is an official forgiveness of a criminal conviction. If granted, it removes the conviction entirely and restores your civil rights, such as:
The right to own or possess firearms
The ability to pass background checks for employment, housing, or volunteer work
Eligibility to seek expungement of the pardoned conviction
Once a pardon is granted, Pennsylvania law requires that the government also expunge the records. The expungement fully erases the record from court dockets and databases.
Restore Gun Rights After a Felony in PA
Felony drug convictions and many other felony offenses in Pennsylvania come with a lifetime prohibition on firearm possession. However, if you receive a pardon from the governor—based on a recommendation from the Board of Pardons—that conviction is vacated, and your Second Amendment rights can be restored.
Work With an Experienced Pardon Attorney in Pennsylvania
Successfully obtaining a pardon is a long and highly detailed process, typically taking 3 years or more. To maximize your chances of success, it’s critical to work with an attorney who understands what the Pennsylvania Board of Pardons is looking for.
State College criminal defense lawyer Jason S. Dunkle has successfully filed pardon applications and guided clients through every stage of the pardon and expungement process. He knows what documentation to include, how to draft persuasive personal statements, and how to present clients as worthy of a second chance.
For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.