What is the § 9122.3(b) same-case rule?

When a single case includes a conviction for an offense excluded by § 9122.3(a)(1), no charge in that case is eligible for sealing — including charges that would qualify on their own. The excluded conviction makes the entire docket ineligible. Charges in a separate case are evaluated independently.

Can a felony ever be sealed in Pennsylvania?

Some can. Qualifying drug felonies under 35 P.S. § 780-113 seal automatically after ten years if the sentence imposed was below the statutory thresholds. Act 36 of 2023 added § 9122.1(a.1), which allows petition sealing of listed F3 and ungraded felonies — criminal mischief, criminal trespass, Chapter 39 theft, Chapter 41 forgery and fraud, welfare fraud, and drug qualifying offenses — after ten years. Felonies of the first and second degree are not sealable.

Does one bad conviction affect my other cases?

It can, in two ways. Under § 9122.3(b), an excluded conviction makes every charge in that same case ineligible. Under § 9122.3(a)(2), a conviction for a felony that is not a qualifying felony bars the person from automatic sealing, which can reach the individual's other dockets as well.

Can a sealed conviction be used against me on a license application?

No. State licensing boards may not consider a sealed conviction — 18 Pa.C.S. § 9124(b)(2). Sealed records remain accessible to criminal justice agencies and the other entities identified in §§ 9121(b.1), 9121(b.2), and 9122.5.

Expungements & Pardons · Clean Slate Eligibility by Grade

Clean Slate eligibility, grade by grade — and the same-case trap.

Whether a Pennsylvania conviction seals under Clean Slate depends first on how the offense was graded, then on the exclusions in 18 Pa.C.S. § 9122.3. Summary convictions seal automatically after five years, eligible M2 and M3 misdemeanors after seven, and qualifying drug felonies after ten; M1 convictions and listed F3 and ungraded felonies can be sealed by petition. But § 9122.3(b) contains a rule that surprises people: when a case includes a conviction for an excluded offense, every charge in that same case becomes ineligible — even charges that would have qualified on their own. I review Clean Slate eligibility 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 Eligibility: A Grading-by-Grading Breakdown.

Authority: 18 Pa.C.S. § 9122.3[1] [2]

Record relief, in context

Eligibility is decided case by case: an excluded conviction anywhere in a docket makes the whole docket ineligible under § 9122.3(b), and a non-qualifying felony anywhere in a person's history can block automatic sealing of other dockets under § 9122.3(a)(2).

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

Clean Slate sealing has two doors. The automatic door, § 9122.2, seals eligible records without a petition: summary convictions after five years, M2 and M3 misdemeanors and misdemeanors punishable by no more than two years after seven years, and qualifying drug felonies under 35 P.S. § 780-113 after ten years. The petition door, § 9122.1, reaches records the automated sweep misses, plus M1 convictions after seven years and — since Act 36 of 2023 added § 9122.1(a.1) — specified F3 and ungraded felonies after ten years: criminal mischief, criminal trespass, Chapter 39 theft, Chapter 41 forgery and fraud, welfare fraud, and drug qualifying offenses. Felonies of the first and second degree are excluded from petition sealing entirely.

Both doors close on the offenses listed in § 9122.3(a)(1): Article B of Part II offenses (crimes against the person), Article D of Part II offenses (offenses against the family), Chapter 61 firearms offenses, offenses requiring sexual-offender registration under 42 Pa.C.S. §§ 9799.14 and 9799.55, § 5533 cruelty to animals, and § 6301 corruption of minors. A conviction for any of these is not sealable, whatever its grade.

Section 9122.3(b) is the part most eligibility checkers miss — the same-case rule. When a single case includes a conviction for an excluded offense, no charge in that case is eligible for sealing. A defendant convicted in one docket of, for example, a Chapter 61 firearms offense and a Chapter 39 theft cannot seal the theft, even though theft is ordinarily sealable, because the excluded firearms conviction poisons the entire case. Charges in a separate case are evaluated on their own.

Section 9122.3(a)(2) adds a person-level bar: an individual convicted of a felony that is not a qualifying felony is barred from automatic sealing, and that bar can reach the individual's other dockets as well. The waiting periods run from the most recent conviction, and sealing is conditioned on payment of court-ordered restitution only — unpaid fines and costs do not block sealing under § 9122.2.

Eligibility at a glance

What qualifies — and what does not.

Clean Slate Eligibility: A Grading-by-Grading Breakdown: eligibility categories under 18 Pa.C.S. § 9122.3
Situation	What the law allows	Condition
Summary offenses	Automatic sealing after 5 years — § 9122.2(a)(3)	Five years from entry of judgment with court-ordered restitution paid. Act 36 of 2023 reduced this from ten years. Excluded if the offense is listed in § 9122.3(a)(1).
M3 and ungraded misdemeanors punishable by no more than 2 years	Automatic sealing after 7 years — § 9122.2(a)(1)	Seven years free from conviction for any offense punishable by a year or more, restitution paid. Excluded if the offense is listed in § 9122.3(a)(1) — most M3 offenses against the person, for example, fall under Article B of Part II.
M2	Automatic sealing after 7 years — § 9122.2(a)(1)	Same seven-year track as M3. The § 9122.3(a)(1) exclusions apply regardless of grade, so an M2 graded offense against the person or a Chapter 61 firearms offense does not seal.
M1	Petition-based sealing after 7 years — § 9122.1	Act 36 of 2023 reduced the misdemeanor waiting period to seven years. M1 convictions are not in the automatic track; they require a § 9122.1 petition, which carries a $132 filing fee under 42 Pa.C.S. § 1725.7. The § 9122.3(a)(1) exclusions apply.
F3 and ungraded felonies in the § 9122.1(a.1) list	Petition-based sealing after 10 years	Reaches § 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. Any other F3 or ungraded felony is not sealable.
Qualifying drug felonies under 35 P.S. § 780-113	Automatic sealing after 10 years — § 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.
F1 and F2	Not sealable	Felonies of the first and second degree are excluded from petition sealing under § 9122.1(a.1) and from the automatic tracks.
Offenses listed in § 9122.3(a)(1), any grade	Excluded from sealing	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).
Any charge in a case that includes an excluded conviction — the § 9122.3(b) same-case rule	The entire case is ineligible	A conviction for an excluded offense makes every charge in that same case ineligible for sealing, including charges that would qualify on their own. Charges in a separate case are evaluated independently.
Person convicted of a non-qualifying felony — § 9122.3(a)(2)	Barred from automatic sealing	The bar is person-level, not record-level: it can block automatic sealing of the individual's other dockets as well.
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.

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
Grade every conviction on the docket
Eligibility starts with the grade of each offense — summary, M3, M2, M1, F3, F2, F1 — because the grade determines which track applies and how long the wait is.
Step 2
Check each conviction against the § 9122.3(a)(1) exclusions
An excluded offense type is not sealable at any grade, so this check comes before counting years.
Step 3
Apply the § 9122.3(b) same-case rule
Group the convictions by case. If any case contains a conviction for an excluded offense, every charge in that case is ineligible — even charges that would qualify standing alone.
Step 4
Apply the § 9122.3(a)(2) person-level bar
A conviction for a felony that is not a qualifying felony bars the individual from automatic sealing and can reach the person's other dockets.
Step 5
Count the waiting period from the most recent conviction
The seven- and ten-year periods require the person to remain free from conviction for an offense punishable by a year or more during that time.
Step 6
Confirm restitution is paid, then confirm the seal
Court-ordered restitution must be satisfied; unpaid fines and costs do not block sealing. Verify the result on the UJS Portal, since commercial background sites do not always sync automatically.

Jurisdiction & venue

Where the petition is filed.

Dauphin and Cumberland counties

Same-case questions come up constantly on multi-count dockets in both counties' Courts of Common Pleas — a single information charging an excluded offense alongside sealable ones makes the whole docket ineligible under § 9122.3(b). The clerk of courts in each county processes § 9122.1 petitions for the cases that survive that analysis.

York and Adams counties

York County's docket volume produces a steady stream of § 9122.1 petitions for M1 and listed F3 convictions, and same-case problems are usually visible on the face of the docket sheet. Adams County's lower volume makes sealing-status confirmation through the clerk of courts comparatively quick.

Perry and Franklin counties

Both counties apply the same statutory exclusions through their Courts of Common Pleas. Where a case was charged at a magisterial district court and bound over, the same-case analysis follows the court of common pleas docket, not the MDJ docket.

Lancaster County

Lancaster County's higher docket volume runs a substantial number of records through the automated sweep each cycle, and its Court of Common Pleas handles petition-based limited access for M1 and listed F3 convictions. As elsewhere, an excluded conviction anywhere in the case blocks the whole docket under § 9122.3(b).

Where these petitions are won or lost.

Read the docket by case, not by charge
The § 9122.3(b) same-case rule means eligibility is decided docket by docket. A charge-by-charge checklist that ignores how the charges were grouped into cases will get the answer wrong.
Look for the excluded count before celebrating the sealable one
A theft or drug count that looks sealable is not sealable if the same case includes a conviction for an offense against the person, a firearms offense, or any other § 9122.3(a)(1) category.
Separate cases are evaluated separately
The same-case rule poisons only the case the excluded conviction sits in. A later or earlier docket containing only eligible charges is analyzed on its own.
Check the person's whole history for a non-qualifying felony
Under § 9122.3(a)(2), one non-qualifying felony conviction bars the individual from automatic sealing across other dockets — a person-level bar that a single-docket review will miss.
Confirm the balance is restitution before paying it
Only court-ordered restitution delays sealing; unpaid fines and costs do not. Confirm what the balance actually is before treating it as the obstacle.
Consider whether expungement is the better remedy first
Where a case qualifies for full expungement under § 9122, that remedy removes the record rather than restricting access to it and should be evaluated before sealing.

Where we file

Record relief across Central Pennsylvania.

Other record-relief guides.

FAQ

Frequently asked questions.

Common questions about clean slate eligibility by grade in Pennsylvania — eligibility, procedure, and what the order actually changes.

When a single case includes a conviction for an offense excluded by § 9122.3(a)(1), no charge in that case is eligible for sealing — including charges that would qualify on their own. The excluded conviction makes the entire docket ineligible. Charges in a separate case are evaluated independently.
Section 9122.3(a)(1) excludes Article B of Part II offenses (crimes against the person), Article D of Part II offenses (offenses against the family), Chapter 61 firearms offenses, offenses requiring sexual-offender registration under 42 Pa.C.S. §§ 9799.14 and 9799.55, § 5533 cruelty to animals, and § 6301 corruption of minors.
Some can. Qualifying drug felonies under 35 P.S. § 780-113 seal automatically after ten years if the sentence imposed was below the statutory thresholds. Act 36 of 2023 added § 9122.1(a.1), which allows petition sealing of listed F3 and ungraded felonies — criminal mischief, criminal trespass, Chapter 39 theft, Chapter 41 forgery and fraud, welfare fraud, and drug qualifying offenses — after ten years. Felonies of the first and second degree are not sealable.
It can, in two ways. Under § 9122.3(b), an excluded conviction makes every charge in that same case ineligible. Under § 9122.3(a)(2), a conviction for a felony that is not a qualifying felony bars the person from automatic sealing, which can reach the individual's other dockets as well.
No. Since Act 83 of 2020, sealing is conditioned on payment of court-ordered restitution only. Unpaid fines and court costs do not block sealing under § 9122.2.
No. State licensing boards may not consider a sealed conviction — 18 Pa.C.S. § 9124(b)(2). Sealed records remain accessible to criminal justice agencies and the other entities identified in §§ 9121(b.1), 9121(b.2), and 9122.5.

[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.
[11]18 Pa.C.S. § 1103 — Sentences for felonies — F1 up to 20 years, F2 up to 10, F3 up to 7.
[12]18 Pa.C.S. § 1104 — Sentences for misdemeanors — M1 up to 5, M2 up to 2, M3 up to 1.

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.