Is sealing the same as expungement?

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.

Can a misdemeanor conviction be expunged?

Generally not without a pardon; most misdemeanor convictions are only eligible for Clean Slate sealing, not full expungement, under current Pennsylvania law.

Does Clean Slate sealing happen automatically?

For many qualifying records, yes, under § 9122.2's automated process. Section 9122.1 provides a petition-based path for eligible records.

Who can still see a sealed record?

Access expressly preserved by §§ 9121 and 9122.5 remains. State licensing agencies, however, may not consider a conviction subject to limited access under § 9124(b)(2).

Will sealing or expungement fix an immigration problem?

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.

How long does it take for a record to qualify for sealing?

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.

Can I petition for sealing if my record didn't seal automatically?

Potentially — § 9122.1 provides petition-based limited access for eligible records. Eligibility must be checked against the offense and criminal-history exclusions.

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 available for the access expressly preserved by §§ 9121 and 9122.5. Section 9124(b)(2) bars state licensing agencies from considering convictions subject to limited access. Sealing happens automatically for many qualifying records and by petition for others, while most expungements require a petition and court order; successful ARD is governed separately by Rule 320. Picking the right remedy starts with the actual disposition and record.

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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, subject to narrow statutory exceptions. Section 9122 makes expungement available for non-convictions and summary offenses after five years arrest-free, among other categories. Most expungements require a petition and court order. Successful ARD is different: Pa.R.Crim.P. 320 directs the dismissing judge to also order expungement, subject to the Commonwealth's objection procedure. Expungement is generally the stronger remedy where 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 access to it. Section 9122.2 provides automatic sealing for qualifying records, including summary convictions after five years, eligible misdemeanors after seven years, and qualifying drug felonies after ten years, with court-ordered restitution paid. Section 9122.1 provides petition-based limited access for eligible records. Access expressly preserved by §§ 9121 and 9122.5 remains, but § 9124(b)(2) bars state licensing agencies from considering convictions subject to limited access. Sealing reaches more convictions than expungement but leaves the underlying record intact.

Expungement (§ 9122) vs. Clean Slate limited access / sealing (§§ 9122.1–9122.2) — Pennsylvania comparison
What matters	Expungement (§ 9122)	Clean Slate limited access / sealing (§§ 9122.1–9122.2)
Governing statute	§ 9122 and, for successful ARD, Pa.R.Crim.P. 320	§ 9122.1 (petition) and § 9122.2 (automatic)
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	Access is limited by the governing expungement provisions and statutory exceptions	Access expressly preserved by §§ 9121 and 9122.5; state licensing agencies may not consider sealed convictions under § 9124(b)(2)
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	Most categories require a petition; Rule 320 directs the judge to order expungement with a successful ARD dismissal	Petition-based under § 9122.1; automatic for qualifying records under § 9122.2
Timeline	Depends on the applicable procedure; Rule 320 gives the Commonwealth 30 days to object to an ARD expungement order	Automatic sealing runs on a state processing schedule; § 9122.1 petitions follow a court process
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	Consequences depend on the governing licensing or firearms law and should be reviewed separately	Section 9124(b)(2) bars state licensing agencies from considering sealed convictions; other access expressly preserved by law remains
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 § 9122.2 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 § 9122.1 petition is 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.

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 § 9122.2's automated process. Section 9122.1 provides a petition-based path for eligible records.
Access expressly preserved by §§ 9121 and 9122.5 remains. State licensing agencies, however, may not consider a conviction subject to limited access under § 9124(b)(2).
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.
Potentially — § 9122.1 provides petition-based limited access for eligible records. Eligibility must be checked against the offense and criminal-history exclusions.

[1]18 Pa.C.S. § 9122 — Expungement of criminal history record information — § 9122(a) covers non-conviction data, unconditional pardons under (a)(2.1), underage drinking under (a)(3), and acquittals under (a)(4); § 9122(b) covers discretionary summary, age-70 and deceased-defendant expungement.
[2]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.
[3]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.
[4]18 Pa.C.S. § 9121 — General regulations on dissemination of criminal history record information, including what remains available after sealing.
[5]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.
[6]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.
[7]Pa.R.Crim.P. 320 — After successful ARD completion, the judge who dismisses the charges shall also order expungement of the arrest record. The Commonwealth may object within 30 days after service of the order, triggering a hearing.

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

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