What's the difference between Clean Slate sealing and expungement?

Expungement under § 9122 removes a case from the public record entirely. Clean Slate sealing under § 9122.2 restricts access, while §§ 9121(b.1), 9121(b.2), and 9122.5 preserve access for specified entities and purposes. State licensing boards may not consider a sealed conviction under § 9124(b)(2).

Do I need to file anything for Clean Slate sealing to happen?

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.

Why hasn't my eligible conviction been sealed yet?

The most common reasons are unpaid court-ordered restitution, or a data-coding issue in how the disposition is recorded. Unpaid fines and costs are a frequent source of confusion here — they do not block sealing under § 9122.2.

Can employers still see a sealed record?

Except where federal law requires otherwise, a sealed or expunged record may not be used by any individual or non-criminal-justice agency for employment, housing, or school matriculation purposes under § 9122.5(a.1). Statutory access remains for criminal justice agencies, specified child-protective agencies, federally required employment checks, the Pennsylvania Supreme Court for bar admission, public-office verification, and courts for sentencing. State licensing boards may not consider a sealed conviction under § 9124(b)(2).

Is a DUI conviction eligible for Clean Slate sealing?

It depends on the grading and on the rest of the record, and it needs a case-specific look. DUI under 75 Pa.C.S. § 3802 is not among the offenses expressly excluded from sealing by § 9122.3(a)(1), but eligibility still turns on how the offense was graded, the waiting period, and the person's other convictions. A DUI resolved through ARD is a different and usually better route — those records are expungeable under Pa.R.Crim.P. 320 and 75 Pa.C.S. § 3807 rather than merely sealed. Bring the docket and we'll tell you which applies.

Does sealing a record mean it's permanently gone?

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.

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, automatically limits public access to eligible records through three principal tracks: summary convictions after five years, eligible misdemeanor convictions after seven years, and qualifying drug felonies after ten years. Act 36 of 2023 expanded the law, with petition-sealing changes effective February 12, 2024 and automatic-sealing provisions effective June 11, 2024. Petition-based limited access under § 9122.1 separately reaches eligible M1 convictions and specified F3 and ungraded felonies. 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 access under §§ 9121 and 9122.5. State licensing boards may not consider a sealed conviction — 18 Pa.C.S. § 9124(b)(2). I handle Clean Slate petitions and eligibility reviews across Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties.

Call (717) 724-7503 Schedule a consultation

Free & confidential · Usually a same-day callback

25+ years experience
National College for DUI Defense
Five-star reviewed
BBB A+ Rated

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 unpaid court-ordered restitution can delay an otherwise eligible case. Unpaid fines and costs do not block sealing.

expungement & pardon lawyer · pardon vs. expungement · DUI expungement

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 without a petition. Act 36 of 2023 created three principal automatic tracks: summary convictions after five years, eligible M2, M3, and misdemeanors punishable by no more than two years after seven years, and qualifying drug felonies after ten years. The Act 36 petition-sealing changes took effect February 12, 2024, and the automatic-sealing provisions took effect June 11, 2024. These tracks require payment of all court-ordered restitution. Unpaid fines and court costs do not block sealing — since Act 83 of 2020 the statute conditions sealing on restitution alone.

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. Sealed records remain accessible to criminal justice agencies; the Department of Human Services and county children-and-youth agencies carrying out child-protective duties under § 9121(b.1) and § 9121(b.2)(2)(iv); employers where federal law requires consideration of criminal history under § 9121(b.2)(2)(i); the Pennsylvania Supreme Court for bar admission under § 9121(b.2)(2)(ii); verification for candidates for public office under § 9121(b.2)(2)(iii); and courts for sentencing under § 9122.5(c). State licensing boards may not consider a sealed conviction — 18 Pa.C.S. § 9124(b)(2). Except where federal law requires otherwise, a sealed or expunged record may not be used by any individual or non-criminal-justice agency for employment, housing, or school matriculation purposes under § 9122.5(a.1). A person asked about a sealed record by someone without statutory access may respond as if the offense did not occur under § 9122.5(a)(1).

Outstanding court-ordered restitution delays sealing. Unpaid fines and court costs do not block sealing under § 9122.2. Before treating an old balance as the reason a record has not sealed, confirm that the balance is restitution rather than fines or costs.

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
Situation	What the law allows	Condition
Non-conviction dispositions not otherwise expunged	Automated sealing under § 9122.2 in many cases	Most non-convictions are better handled through expungement, which removes rather than merely seals the record.
Summary convictions	Automatic sealing after 5 years	Five years from entry of judgment, with court-ordered restitution paid — § 9122.2(a)(3). Act 36 of 2023 reduced this from ten years.
M2, M3, and misdemeanors punishable by no more than 2 years	Automatic sealing after 7 years	Seven years free from conviction for any offense punishable by a year or more, restitution paid — § 9122.2(a)(1). Act 36 reduced this from ten years.
Felony drug convictions under 35 P.S. § 780-113	Automatic sealing after 10 years	Added by Act 36 as a 'qualifying offense' under § 9102 — § 9122.2(a)(1.1). Not available if a minimum sentence of 30 months or more, or a maximum of 60 months or more, was imposed. Eligibility turns on the sentence actually imposed, not the statutory maximum.
M1 convictions and F3 theft, forgery, fraud, trespass and criminal mischief	Petition-based sealing after 7 or 10 years under § 9122.1	Act 36 added § 9122.1(a.1), which reaches F3 and ungraded felonies after 10 years: § 3304 criminal mischief, § 3503 criminal trespass, all of Chapter 39 (theft, including retail theft), all of Chapter 41 (forgery and fraudulent practices), welfare fraud, and drug qualifying offenses. Felonies of the first and second degree are excluded.
Eligible records missed by the automated sweep	Petition-based limited access under § 9122.1	Requires filing a petition and showing the same substantive eligibility the automated process would apply.
Outstanding court-ordered restitution	Sealing delayed until restitution is satisfied	Unpaid fines and costs do not block sealing under § 9122.2 — only court-ordered restitution does.
Offenses and histories listed in § 9122.3(a)(1)	Excluded from sealing	The list includes Article B of Part II (danger to the person), Article D of Part II (offenses against the family), Chapter 61 (firearms), offenses requiring sexual-offender registration under 42 Pa.C.S. §§ 9799.14/9799.55, § 5533 (cruelty to animals), and § 6301 (corruption of minors).
Records subject to statutory access after sealing	Remain available only to the entities identified in §§ 9121(b.1), 9121(b.2), and 9122.5	State licensing boards may not consider a sealed conviction under § 9124(b)(2).

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.

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.
Step 2
Identify why an eligible-looking record hasn't sealed
Common reasons include unpaid court-ordered restitution, a data-coding issue on the docket, or a disposition that narrowly misses the automated criteria despite appearing eligible.
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 court-ordered restitution has been paid. A § 9122.1 petition carries a $132 filing fee under 42 Pa.C.S. § 1725.7, paid to the clerk of courts at filing; automatic sealing under § 9122.2 involves no petition and no fee.
Step 4
Resolve outstanding restitution
Where a balance is the blocking issue, confirm that it is court-ordered restitution rather than fines or costs, then satisfy the restitution or confirm that a payment already made is accurately reflected in the court's records.
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.
Step 6
Understand what remains accessible after sealing
Access remains for the entities identified in §§ 9121(b.1), 9121(b.2), and 9122.5. State licensing boards may not consider a sealed conviction under § 9124(b)(2).

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 court-ordered restitution tied to a Lancaster County case can delay sealing; unpaid fines and costs do not block it.

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.
Check whether the balance is actually restitution
Unpaid fines and costs do not block Clean Slate sealing — only court-ordered restitution does. Before paying down a balance to unlock sealing, confirm what the balance actually is.
Don't assume sealing means invisible to everyone
Sealed records remain accessible to the entities identified in §§ 9121(b.1), 9121(b.2), and 9122.5. State licensing boards may not consider a sealed conviction under § 9124(b)(2).
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.

Where we file

Record relief across Central Pennsylvania.

Other record-relief guides.

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 access, while §§ 9121(b.1), 9121(b.2), and 9122.5 preserve access for specified entities and purposes. State licensing boards may not consider a sealed conviction under § 9124(b)(2).
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 unpaid court-ordered restitution, or a data-coding issue in how the disposition is recorded. Unpaid fines and costs are a frequent source of confusion here — they do not block sealing under § 9122.2.
Except where federal law requires otherwise, a sealed or expunged record may not be used by any individual or non-criminal-justice agency for employment, housing, or school matriculation purposes under § 9122.5(a.1). Statutory access remains for criminal justice agencies, specified child-protective agencies, federally required employment checks, the Pennsylvania Supreme Court for bar admission, public-office verification, and courts for sentencing. State licensing boards may not consider a sealed conviction under § 9124(b)(2).
It depends on the grading and on the rest of the record, and it needs a case-specific look. DUI under 75 Pa.C.S. § 3802 is not among the offenses expressly excluded from sealing by § 9122.3(a)(1), but eligibility still turns on how the offense was graded, the waiting period, and the person's other convictions. A DUI resolved through ARD is a different and usually better route — those records are expungeable under Pa.R.Crim.P. 320 and 75 Pa.C.S. § 3807 rather than merely sealed. Bring the docket and we'll tell you which applies.
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.

[1]18 Pa.C.S. § 9122.1 — Petition-based limited access (sealing). Act 36 of 2023 reduced the misdemeanor waiting period to 7 years and added § 9122.1(a.1), which allows petition sealing of F3 and ungraded felonies — criminal mischief, criminal trespass, Chapter 39 theft, Chapter 41 forgery and fraud, welfare fraud, and drug qualifying offenses — after 10 years. Felonies of the first and second degree are excluded.
[2]18 Pa.C.S. § 9122.2 — Clean Slate automated limited access — sealing by court order without a petition. Act 36 of 2023 set the periods at 5 years for summary convictions, 7 years for M2/M3 and misdemeanors punishable by no more than 2 years, and 10 years for qualifying drug felonies under § 9122.2(a)(1.1). Conditioned on payment of court-ordered restitution only — unpaid fines and costs do not block sealing.
[3]18 Pa.C.S. § 9122.3 — Exceptions to limited access — § 9122.3(a)(1) lists excluded offense types; § 9122.3(a)(2) is a person-level bar: an individual convicted of a felony that is not a qualifying felony is barred from automatic sealing, which can affect the individual's other dockets as well.
[4]18 Pa.C.S. § 9122.5 — Effect of expunged and limited-access records — § 9122.5(a)(1) allows a person to respond as if the offense did not occur; § 9122.5(a.1) bars use for employment, housing or school matriculation except where federal law requires; § 9122.5(c) preserves disclosure to courts for sentencing.
[5]18 Pa.C.S. § 9124 — Use of criminal history record information by licensing agencies — § 9124(b)(2) bars consideration of convictions that have been expunged or made subject to limited access under §§ 9122.1 and 9122.2.
[6]18 Pa.C.S. § 9121 — General regulations on dissemination of criminal history record information, including what remains available after sealing.
[7]18 Pa.C.S. § 9102 — Criminal History Record Information Act definitions — including 'expunge' and 'criminal history record information'.
[8]Act 36 of 2023 — Clean Slate 3.0 — P.L. 334, No. 36 (HB 689), signed December 14, 2023. Petition-sealing and definitional changes effective February 12, 2024; automatic sealing and automatic post-pardon expungement effective June 11, 2024.
[9]Act 83 of 2020 — Clean Slate 2.0 — limited the financial condition on sealing to court-ordered restitution; unpaid fines and costs no longer block sealing.
[10]42 Pa.C.S. § 1725.7 — Filing fee of $132 for a petition under 18 Pa.C.S. § 9122 or § 9122.1, paid to the clerk of courts at filing. Automatic sealing under § 9122.2 involves no petition and no fee.

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

Free consultation · Calls answered now

The sooner we talk, the more we can do.

Every hour matters in a DUI or criminal case. Call directly and speak with Attorney Quinlan — not an intake desk.