What is the difference between an expungement and a pardon in Pennsylvania?

An expungement is a court order that destroys or removes a record — it is available for non-convictions, ARD dispositions, most summary convictions after five arrest-free years, and a few narrow age-based categories under 18 Pa.C.S. § 9122. A pardon is executive forgiveness of a conviction from the Governor, granted only on the written recommendation of a majority of the Board of Pardons under Pa. Const. art. IV, § 9. Because a misdemeanor or felony conviction generally cannot be expunged on its own, the pardon usually comes first and the expungement petition follows.

Can a Pennsylvania conviction be expunged without a pardon?

Usually not. Section 9122 reaches non-convictions, ARD, summary convictions after five arrest-free years, and limited age-based situations — not ordinary misdemeanor or felony convictions. Those convictions may qualify for Clean Slate sealing under 18 Pa.C.S. § 9122.2, which limits public access without destroying the record. Full destruction of a conviction record ordinarily requires a pardon first.

Does Clean Slate happen automatically?

Automated limited access under 18 Pa.C.S. § 9122.2 is designed to run without a petition once the statutory waiting period passes and the qualifying conditions are met, including resolution of outstanding financial obligations. In practice records are missed, dispositions are coded incorrectly, and cases that should have sealed do not. A petition for limited access under § 9122.1 or a correction request is often the faster route than waiting.

How long does a Pennsylvania expungement take?

From filing to the signed order, unopposed petitions typically take a few months, and it commonly takes additional weeks after that for the State Police, the arresting agency, and the courts to process the order and update their databases. Timelines vary by county and by whether the District Attorney objects.

Do I have to go to court for an expungement petition?

Frequently not. Most petitions filed under Pa.R.Crim.P. 490 or 790 are decided on the papers when the Commonwealth does not object. If the District Attorney objects, the court schedules a hearing, and we appear in the county where the case originated.

Will an expungement restore my firearms rights or fix immigration consequences?

Not automatically. A state expungement or sealing order does not by itself resolve federal firearms disability or federal immigration consequences, which are governed by separate federal law. If either matters to you, that has to be evaluated on its own facts — and immigration exposure should be reviewed with immigration counsel before any filing.

Where is the petition filed?

In the county where the case was brought. Court cases go to the Court of Common Pleas through the clerk of courts; summary cases are handled through the magisterial district court and the county's summary-case procedure. Pardon applications go to the Board of Pardons in Harrisburg, not to a county court.

PA Expungement & Pardon Lawyer

Record-relief guides

Start with the situation that matches your docket.

Expungement Eligibility
18 Pa.C.S. § 9122
Section 9122 sets out narrow categories where expungement is available — mandatory for non-convictions and ARD, discretionary for a handful of older summary and age-based cases, and unavailable for most misdemeanor and felony convictions.
Clean Slate & Automatic Sealing
18 Pa.C.S. § 9122.2
Clean Slate seals many eligible convictions from public view under § 9122.2, either automatically or by petition under § 9122.1 — but sealing restricts access, it doesn't erase the record the way expungement does.
Non-Conviction Expungement
18 Pa.C.S. § 9122(a)
A dismissed, withdrawn, or nolle prossed charge is not automatically erased — the arrest record stays visible until a petition under § 9122(a) is filed and granted.
ARD Expungement
Pa.R.Crim.P. 320
ARD ends in dismissal, not automatic expungement — a separate petition under Pa.R.Crim.P. 320 is required to clear the arrest record, and DUI ARD carries a PennDOT wrinkle.
Summary Offense Expungement
18 Pa.C.S. § 9122(b)(3)
Summary convictions — disorderly conduct, retail theft summaries, harassment, underage drinking, some traffic offenses — become expungeable after five arrest-free years under § 9122(b)(3).
Underage Drinking & Marijuana Expungement
18 Pa.C.S. § 6308(d)
Section 6308(d) lets a completed underage-drinking case be expunged once the person turns 21. Small-amount marijuana convictions are a harder problem — dismissals expunge, convictions generally don't.
Governor's Pardon
Pa. Const. art. IV, § 9
The only way to clear an old Pennsylvania conviction that isn't otherwise expungeable — a multi-step Board of Pardons process ending in the Governor's discretionary decision.
DUI Expungement
75 Pa.C.S. § 3807
Clearing a DUI arrest after ARD, dismissal, or acquittal — and what PennDOT keeps regardless.
Domestic Violence Record Relief
18 Pa.C.S. § 9122
Expunging a dismissed DV charge and what happens to a PFA docket, which follows different rules.

Side-by-side comparisons.

How a petition moves

From docket pull to database update.

Step 1
Pull the full record
A Pennsylvania State Police criminal history request plus the county dockets. People routinely have charges they forgot about, and one open case can defeat an otherwise clean petition.
Step 2
Classify every disposition
Non-conviction, ARD, summary conviction, misdemeanor, felony. The classification decides whether you are filing for expungement, limited access, or a pardon application — and in what order.
Step 3
File in the right court
Court cases proceed by petition under Pa.R.Crim.P. 790; summary cases follow the Rule 490 procedure. Each petition needs the identifiers the rule requires or the clerk returns it.
Step 4
Handle the Commonwealth's response
The District Attorney gets an opportunity to consent or object. Unopposed petitions are commonly decided on the papers; objections get a hearing.
Step 5
Serve the order on the agencies
The signed order has to reach the State Police, the arresting agency, the clerk of courts, and the AOPC. This is the step that gets dropped, and it is why records keep showing up after a grant.
Step 6
Verify the record afterward
Re-run the background check. If a commercial screening company already sold the old record, it will keep reporting it until the source data changes and the report is corrected.

Petition procedure is set by rule[9][8]; ARD expungements have their own rule[7]; and what remains disseminable after sealing is governed by statute[5].

Where we file

County expungement practice across Pennsylvania.

Attorney Quinlan files record-relief petitions in the county where the case originated. Start with your county:

FAQ

Frequently asked questions.

Common questions about clearing a Pennsylvania record — what each remedy does, what it costs you in time, and what it does not fix.

An expungement is a court order that destroys or removes a record — it is available for non-convictions, ARD dispositions, most summary convictions after five arrest-free years, and a few narrow age-based categories under 18 Pa.C.S. § 9122. A pardon is executive forgiveness of a conviction from the Governor, granted only on the written recommendation of a majority of the Board of Pardons under Pa. Const. art. IV, § 9. Because a misdemeanor or felony conviction generally cannot be expunged on its own, the pardon usually comes first and the expungement petition follows.
Usually not. Section 9122 reaches non-convictions, ARD, summary convictions after five arrest-free years, and limited age-based situations — not ordinary misdemeanor or felony convictions. Those convictions may qualify for Clean Slate sealing under 18 Pa.C.S. § 9122.2, which limits public access without destroying the record. Full destruction of a conviction record ordinarily requires a pardon first.
Automated limited access under 18 Pa.C.S. § 9122.2 is designed to run without a petition once the statutory waiting period passes and the qualifying conditions are met, including resolution of outstanding financial obligations. In practice records are missed, dispositions are coded incorrectly, and cases that should have sealed do not. A petition for limited access under § 9122.1 or a correction request is often the faster route than waiting.
From filing to the signed order, unopposed petitions typically take a few months, and it commonly takes additional weeks after that for the State Police, the arresting agency, and the courts to process the order and update their databases. Timelines vary by county and by whether the District Attorney objects.
Frequently not. Most petitions filed under Pa.R.Crim.P. 490 or 790 are decided on the papers when the Commonwealth does not object. If the District Attorney objects, the court schedules a hearing, and we appear in the county where the case originated.
Not automatically. A state expungement or sealing order does not by itself resolve federal firearms disability or federal immigration consequences, which are governed by separate federal law. If either matters to you, that has to be evaluated on its own facts — and immigration exposure should be reviewed with immigration counsel before any filing.
In the county where the case was brought. Court cases go to the Court of Common Pleas through the clerk of courts; summary cases are handled through the magisterial district court and the county's summary-case procedure. Pardon applications go to the Board of Pardons in Harrisburg, not to a county court.

Related pages

Sources & statutory citations

[1]18 Pa.C.S. § 9122 — Expungement of criminal history record information.
[2]18 Pa.C.S. § 9122.1 — Limited access (sealing) of criminal records; Clean Slate framework.
[3]18 Pa.C.S. § 9122.2 — Clean Slate automated limited access — the sealing that happens by court order without a petition once the statutory waiting periods and payment conditions are met.
[4]18 Pa.C.S. § 9122.3 — Exceptions to limited access — offense types and histories that Clean Slate sealing and petition-based limited access do not reach.
[5]18 Pa.C.S. § 9121 — General regulations on dissemination of criminal history record information, including what remains available after sealing.
[6]18 Pa.C.S. § 9102 — Criminal History Record Information Act definitions — including 'expunge' and 'criminal history record information'.
[7]Pa.R.Crim.P. 320 — Expungement upon successful completion of an ARD program — the rule that makes ARD records expungeable.
[8]Pa.R.Crim.P. 490 — Procedure for obtaining expungement in summary cases — petition contents, service, and the Commonwealth's response window.
[9]Pa.R.Crim.P. 790 — Procedure for obtaining expungement in court cases — the petition, required identifiers, and hearing procedure.
[10]Pa. Const. art. IV, § 9 — The Governor's pardon and commutation power — exercisable only on the written recommendation of a majority of the Board of Pardons.
[11]37 Pa. Code Ch. 81 — Board of Pardons regulations — application, merit review, public hearing, and recommendation procedure.

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

Pennsylvania expungement and pardon lawyer.

Destruction, sealing, and forgiveness are not the same thing.