Can I seal my record in Pennsylvania?

Are You Eligible to Seal Your Criminal Record?

Sealing a Pennsylvania criminal record through an Order for Limited Access is only available to individuals who meet specific legal eligibility criteria. It is not based on need or merit alone. Even if you’ve stayed out of trouble, support a family, or need a clean record for employment, a judge cannot grant sealing unless you’re legally eligible.

The first step is determining whether your record qualifies under Pennsylvania’s Clean Slate laws.

Clean Slate Law: Automatic Record Sealing

Some records are sealed automatically under 18 Pa.C.S. § 9122.2 if the following conditions are met:

• Non-Convictions: Arrests or charges that did not result in a conviction are automatically sealed.

• Summary Offenses: Sealed automatically 5 years after conviction, provided there are no new offenses.

• 2nd & 3rd Degree Misdemeanors: Automatically sealed 7 years after conviction with no new offenses.

Note: All court-ordered restitution, fines, and costs must be fully paid before automatic sealing occurs.

Records That Require a Petition to Seal

If your conviction is not automatically sealed, you may still be eligible to file a petition for an Order for Limited Access under 18 Pa.C.S. § 9122.1.

• 1st Degree Misdemeanors: Eligible if free from conviction for 7 years
  ➤ Must review § 9122.1(b) for offenses that are excluded from eligibility

• 3rd Degree Felonies: Eligible after 10 years without conviction, but only for specific non-violent offenses:

  1. Criminal Mischief (§ 3304)

  2. Criminal Trespass (§ 3503)

  3. Theft and related offenses (Chapter 39)

  4. Forgery and fraudulent practices (Chapter 41)

  5. Fraud under the Human Services Code (§ 481)

Offenses NOT Eligible for Record Sealing

• 1st and 2nd Degree Felony Convictions

• Certain violent, sexual, or firearm-related misdemeanors

• Crimes involving minors or vulnerable populations

If your record falls into one of these categories, your only option may be to seek a pardon.

Work with an Experienced Pennsylvania Record Sealing Attorney

Navigating Pennsylvania’s complex record sealing laws can be difficult. If you’re unsure about your eligibility or need help filing a petition, it’s critical to consult with an experienced criminal defense lawyer.

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.