Compare · Expungement vs. Sealing (Clean Slate)
Erased and hidden are not the same thing.
People often use "expunge" and "seal" interchangeably, but they're legally different remedies with different eligibility rules, different mechanisms, and different practical effects. Expungement under 18 Pa.C.S. § 9122 results in the physical or electronic destruction of a record, or its removal from public access with limited exceptions, and is generally reserved for non-convictions, summary offenses after a waiting period, and a narrow set of other categories. Clean Slate sealing under §§ 9122.1–9122.2 does something different: it removes a record from public and most commercial background-check access while leaving it intact and viewable by courts, law enforcement, and certain licensing and employment screeners who work with vulnerable populations. Sealing happens automatically for many qualifying records and by petition for others, while expungement generally requires filing a petition and getting a judge's order. Picking the right remedy — or figuring out which one you can even qualify for — usually starts with pulling the actual disposition and looking at exactly what happened on the case.
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The short answer
Expungement (§ 9122)
Expungement removes a record from public access and, for most purposes, from existence — the record is destroyed or marked as expunged and, absent a narrow set of statutory exceptions such as certain law enforcement or licensing inquiries, it no longer follows a person around. Section 9122 makes expungement available for non-convictions (charges that were dismissed, withdrawn, or resulted in acquittal), completed ARD, and summary offenses after five years arrest-free, among other categories. Expungement is not automatic — it requires filing a petition with the court, usually with notice to the district attorney, who can object, and it takes a judge's order to complete. It is generally the stronger remedy where it's available, but it is not available for most misdemeanor or felony convictions absent a pardon.
Clean Slate limited access / sealing (§§ 9122.1–9122.2)
Clean Slate sealing, sometimes called "limited access," doesn't destroy a record — it restricts who can see it. A sealed record disappears from the public-facing court dockets and from the reports commercial background-check companies sell to employers and landlords, but it remains visible to courts, law enforcement, and certain state agencies that license or supervise work with children or vulnerable adults. Section 9122.1 provides for automatic sealing of many non-conviction records and certain low-level convictions after ten years with no further arrests or convictions and paid financial obligations, driven by an automated state-run process rather than an individual petition. Section 9122.2 allows a petition-based path for records that don't qualify for automatic sealing but meet similar criteria. Sealing tends to reach more misdemeanor convictions than expungement does, but it leaves the underlying record intact rather than eliminating it.
| What matters | Expungement (§ 9122) | Clean Slate limited access / sealing (§§ 9122.1–9122.2) |
|---|---|---|
| Governing statute | § 9122 | §§ 9122.1 (automatic) and 9122.2 (petition) |
| What happens to the record | Destroyed or removed from the record system, subject to narrow exceptions | Record remains intact but is hidden from public and most commercial background checks |
| Who can still see it | Very limited exceptions under § 9121, mainly certain law enforcement and licensing uses | Courts, law enforcement, and agencies screening for work with children or vulnerable populations, per § 9121 |
| What qualifies | Non-convictions, completed ARD, summary convictions after five years arrest-free, and a few other narrow categories | Many non-conviction records and lower-level misdemeanor convictions after a statutory waiting period, generally longer than expungement's |
| Petition vs. automatic | Always requires filing a petition and obtaining a court order | Automatic for most qualifying records under § 9122.1; petition-based under § 9122.2 for records that fall outside the automatic process |
| Timeline | Depends on court scheduling once a petition is filed; the DA has an opportunity to object | Automatic sealing runs on a state processing schedule; petitions under § 9122.2 follow a court timeline similar to expungement |
| Cost | Filing fees plus, in many counties, service costs; fee waivers may be available | No petition needed for automatic sealing; petition-based sealing carries filing costs similar to an expungement petition |
| Effect on firearms rights and licensing | A true expungement of a qualifying record generally removes it as a disqualifying factor for licensing purposes tied to that record | A sealed record can still surface in the background checks used for firearms licensing and certain state licensing boards, since sealing doesn't apply against every category of inquiry |
| Federal immigration consequences | State expungement does not reliably erase a conviction for federal immigration purposes, and immigration authorities may still consider the underlying conduct | Sealing has even less effect on immigration proceedings, since federal immigration law generally looks past state confidentiality rules |
Scroll the table horizontally to compare every column. Statutory maximums are ceilings, not expected outcomes[1]. Nothing on this page is a prediction about a specific case.
Which one fits your case.
When the case never resulted in a conviction
Non-convictions — dismissals, withdrawals, not-guilty verdicts, and completed ARD — are usually better candidates for outright expungement under § 9122 than for sealing, since expungement is the stronger remedy and it's typically available for these categories without waiting for the Clean Slate timeline.
When you have a low-level misdemeanor conviction
If the case actually ended in a conviction, expungement is generally off the table without a pardon, and Clean Slate sealing under § 9122.1 or § 9122.2 is usually the realistic path once the statutory waiting period and financial-obligation requirements are met.
When you're not sure whether something was already sealed automatically
Because § 9122.1 sealing runs automatically through a state process, some people already have qualifying records sealed without having filed anything — I pull the current record to check what's actually visible before deciding whether a petition is even necessary.
When immigration status is part of the picture
Neither expungement nor sealing is a substitute for immigration analysis — I flag this early and recommend involvement of immigration counsel before relying on either remedy to resolve immigration exposure, since federal authorities are not bound by Pennsylvania's confidentiality rules.
Read next.
check what qualifies for expungement
A closer look at the categories § 9122 actually covers.
learn how Clean Slate sealing works
Automatic and petition-based sealing under §§ 9122.1–9122.2.
read about clearing non-conviction records
Dismissals, withdrawals, and acquittals are usually the strongest candidates.
see how ARD completion leads to expungement
Completed ARD is one of the clearest paths to a § 9122 expungement.
talk to someone about which remedy fits your record
Get your specific docket reviewed before filing anything.
read about my general approach to record relief
How I evaluate cases for expungement, sealing, or pardon eligibility.
FAQ
Frequently asked questions.
Common questions about expungement vs. sealing (clean slate) in Pennsylvania.
No — expungement under § 9122 destroys or removes a record, while sealing under §§ 9122.1–9122.2 leaves the record intact but hides it from public and most commercial background checks.
Generally not without a pardon; most misdemeanor convictions are only eligible for Clean Slate sealing, not full expungement, under current Pennsylvania law.
For many qualifying records, yes, under § 9122.1's automated process, but records that fall outside that process may need a petition under § 9122.2.
Courts, law enforcement, and certain agencies that license or supervise work involving children or vulnerable populations retain access under § 9121, even after sealing.
Not reliably — federal immigration authorities generally aren't bound by Pennsylvania's confidentiality rules, so anyone with immigration concerns should talk to immigration counsel before relying on either remedy.
It depends on the offense category and the applicable waiting period under §§ 9122.1 or 9122.2, along with whether all financial obligations tied to the case have been paid.
Often yes — § 9122.2 provides a petition path for records that meet similar criteria to automatic sealing but weren't captured by the automated process.
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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. § 9121 — General regulations on dissemination of criminal history record information, including what remains available after sealing.
Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.
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