Expungements & Pardons · Clean Slate & Automatic Sealing

Clean Slate seals a record from public view. It does not erase it.

Pennsylvania's Clean Slate Act, codified largely at 18 Pa.C.S. § 9122.2, created a system for automatically limiting public access to many older, lower-level criminal records without requiring the person to file anything. A parallel, older mechanism — petition-based limited access under § 9122.1 — covers records that don't qualify for the automated process but still meet the underlying eligibility criteria. Both mechanisms are frequently confused with expungement, but they are not the same remedy. Expungement under § 9122 removes a case from the public record. Clean Slate sealing restricts who can see it: the record disappears from the public UJS docket search and from most commercial background-check reports, but it remains visible to law enforcement, courts, and certain licensing and employment screens carved out under § 9121 and the § 9122.3 exceptions. Understanding which convictions actually qualify, what waiting periods apply, and what sealing does and doesn't accomplish matters before anyone assumes an old record is gone. I handle Clean Slate petitions and eligibility reviews across Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties.

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How the remedy works

Clean Slate Act & Automatic Record Sealing.

Authority: 18 Pa.C.S. § 9122.2[1][2]

Record relief, in context

Clean Slate sealing restricts who can see a record — it doesn't erase it, and outstanding fines or costs are the most common reason an eligible case hasn't sealed yet.

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The automated side of Clean Slate under § 9122.2 works in the background: the Administrative Office of Pennsylvania Courts runs periodic checks against court records statewide and automatically limits public access to eligible cases once the waiting period and other conditions are satisfied, without the person needing to file a petition. Eligible categories generally include many non-conviction dispositions, certain summary offenses after a waiting period, and specified lower-level misdemeanor convictions after ten years free of arrest or prosecution, provided all court-ordered financial obligations tied to the case have been satisfied.

Petition-based limited access under § 9122.1 exists for records that meet similar substantive eligibility criteria but don't get caught by the automated sweep — sometimes because of how a case is coded in the court's data system, sometimes because the record predates reliable electronic data. A person can file a petition asking the court to grant the same limited-access relief the automated system would otherwise provide.

Sealing is not destruction. Under § 9121 and the exceptions carved out in § 9122.3, sealed records remain accessible to law enforcement agencies, courts, prosecutors, and to certain employers and licensing boards required by law to consider full criminal history — for example, in fields involving direct contact with children, the elderly, or vulnerable populations, and for law enforcement and certain firearms-related licensing decisions. A sealed record can also become visible again if the person picks up a new arrest that reopens scrutiny of the record.

Outstanding financial obligations — unpaid fines, costs, or restitution tied to the case — are a common reason an otherwise-eligible record doesn't get sealed on schedule. Both the automated process and petition-based limited access generally require those obligations to be satisfied before the waiting period is treated as complete, which makes clearing old balances a practical first step for anyone trying to get Clean Slate relief to actually take effect.

Eligibility at a glance

What qualifies — and what does not.

Clean Slate Act & Automatic Record Sealing: eligibility categories under 18 Pa.C.S. § 9122.2
SituationWhat the law allowsCondition
Non-conviction dispositions not otherwise expungedAutomated sealing under § 9122.2 in many casesMost non-convictions are better handled through expungement, which removes rather than merely seals the record.
Summary convictionsAutomated sealing after a statutory waiting periodWaiting period runs from the date of conviction and requires no new arrests in the interim.
Eligible lower-level misdemeanor convictionsAutomated sealing after 10 years arrest-freeHigher-graded misdemeanors and all felonies generally fall outside the automated Clean Slate categories.
Eligible records missed by the automated sweepPetition-based limited access under § 9122.1Requires filing a petition and showing the same substantive eligibility the automated process would apply.
Outstanding court costs, fines, or restitutionSealing typically delayed until obligations are satisfiedPaying down the balance is often the single fastest way to move a stalled Clean Slate case forward.
DUI and certain enumerated offensesGenerally excluded from Clean Slate automatic sealingSome offense categories are carved out of § 9122.2 by statute regardless of how much time has passed.
Convictions requiring background checks under § 9122.3 exceptionsRemain visible to specified employers, licensing boards, and law enforcement despite sealingFields involving children, elder care, firearms licensing, and certain government positions typically retain access to sealed records.

Eligibility categories are statutory, but how a specific docket is graded and disposed controls which category applies. Nothing here is a prediction about a particular record.

The process

Step by step.

  1. Step 1

    Confirm whether the record already sealed automatically

    The AOPC runs periodic automated eligibility sweeps, so the first step is checking the UJS Portal and, where available, requesting a clean-slate status check to see if sealing has already occurred.

  2. Step 2

    Identify why an eligible-looking record hasn't sealed

    Common reasons include outstanding financial obligations, a data-coding issue on the docket, or a disposition that narrowly misses the automated criteria despite appearing eligible.

  3. Step 3

    File a § 9122.1 petition where automation hasn't reached the case

    The petition is filed in the county where the case was prosecuted, laying out the disposition, the time elapsed, and confirmation that financial obligations have been satisfied.

  4. Step 4

    Resolve outstanding costs or restitution

    Where a balance is the blocking issue, satisfying it — or confirming it was already paid but not reflected in the court's records — is often what actually unlocks eligibility.

  5. Step 5

    Court review and order, where a petition is required

    The judge reviews the petition and, absent an objection or unresolved issue, issues an order directing limited access; the order goes to AOPC and the relevant repositories.

  6. Step 6

    Understand what remains visible after sealing

    Once sealed, the record is confirmed off the public UJS search and most commercial background reports, but the person should still expect it to surface on state-mandated employment and licensing checks covered by § 9122.3.

Jurisdiction & venue

Where the petition is filed.

Dauphin and Cumberland counties

Both counties' Courts of Common Pleas process petition-based limited access filings through the clerk of courts, and the Dauphin County and Cumberland County District Attorney's offices review petitions the automated Clean Slate sweep didn't catch. Summary-offense sealing questions that trace back to a magisterial district court still route through that MDJ's office for docket confirmation.

York and Adams counties

York County's larger docket volume means more cases move through the automated process, but its Court of Common Pleas and DA's office still field a steady stream of § 9122.1 petitions for records the sweep missed. Adams County handles a smaller volume, and its clerk of courts can often confirm sealing status more quickly given the lower case count.

Perry and Franklin counties

Perry and Franklin counties' Courts of Common Pleas apply the same statutory eligibility rules through their clerk of courts offices, with MDJ-level summary convictions requiring separate confirmation from the magisterial district judge who handled the original case. Both counties' DA's offices review petition-based filings for accuracy before a judge signs off.

Lancaster County

Lancaster County's higher docket volume runs a substantial number of records through the automated Clean Slate sweep each cycle, and its Court of Common Pleas and DA's office handle petition-based limited access for records that fall outside that automated process. As with the other counties, outstanding financial obligations tied to a Lancaster County case are a common reason sealing gets delayed.

Where these petitions are won or lost.

  • Check for a data-coding mismatch before filing a petition

    Some records that look eligible haven't sealed because of how the offense or disposition was entered in the court's system — fixing the record can resolve the issue faster than a petition.

  • Pay down outstanding balances as a first move

    Because unpaid costs and restitution routinely block sealing, clearing those balances is often more effective than any procedural argument.

  • Don't assume sealing means invisible to everyone

    Sealed records remain visible to law enforcement, courts, and specified employers and licensing boards under § 9122.3 — clients in those fields need a realistic expectation of what sealing accomplishes.

  • Separate expungement-eligible cases from sealing-only cases

    Where a case actually qualifies for full expungement under § 9122, pursuing that instead of sealing under § 9122.2 produces a stronger result and should be evaluated first.

  • Track multiple dockets from a single arrest

    As with expungement, a single arrest can generate more than one docket, and all associated dockets need to be accounted for when confirming sealing status or filing a petition.

  • Verify sealing took effect on commercial background sites

    Court and state repositories update on their own schedule, but private background-check companies don't always sync automatically; following up directly with a reporting agency is sometimes necessary even after a sealing order is entered.

FAQ

Frequently asked questions.

Common questions about clean slate & automatic sealing in Pennsylvania — eligibility, procedure, and what the order actually changes.

  • Expungement under § 9122 removes a case from the public record entirely. Clean Slate sealing under § 9122.2 restricts public access to the record, but it remains visible to law enforcement, courts, and certain employers and licensing boards under § 9122.3.

  • Not necessarily. Much of Clean Slate is automated — the state periodically reviews court records and seals eligible cases without a petition. Petition-based limited access under § 9122.1 exists for eligible records the automated sweep doesn't catch.

  • The most common reasons are outstanding court costs, fines, or restitution tied to the case, or a data-coding issue in how the disposition is recorded — both are usually fixable once identified.

  • Most employers running standard background checks will not see it, but § 9122.3 carves out exceptions for certain fields — including work with children, the elderly, or vulnerable populations, and some licensing and firearms-related decisions — where the sealed record can still surface.

  • Generally, no. DUI is excluded from automatic Clean Slate sealing under § 9122.2 by statute, regardless of how much time has passed since the conviction.

  • Sealing restricts access rather than destroying the record, and a new arrest or prosecution afterward can affect how the sealed record is treated going forward.

Sources & statutory citations

  1. [1]18 Pa.C.S. § 9122.1Limited access (sealing) of criminal records; Clean Slate framework.
  2. [2]18 Pa.C.S. § 9122.2Clean Slate automated limited access — the sealing that happens by court order without a petition once the statutory waiting periods and payment conditions are met.
  3. [3]18 Pa.C.S. § 9122.3Exceptions to limited access — offense types and histories that Clean Slate sealing and petition-based limited access do not reach.
  4. [4]18 Pa.C.S. § 9121General regulations on dissemination of criminal history record information, including what remains available after sealing.
  5. [5]18 Pa.C.S. § 9102Criminal History Record Information Act definitions — including 'expunge' and 'criminal history record information'.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

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