Expungements & Pardons · Sealed Records & Professional Licenses

A sealed conviction can't be used against your license application.

Many people assume a nursing board, teaching certification office, or trade licensing board can still see and weigh a sealed record. Pennsylvania law says otherwise. Under 18 Pa.C.S. § 9124(b)(2), convictions that have been expunged or made subject to limited access under §§ 9122.1 and 9122.2 "shall not be used in consideration of an application for a license." For nurses, teachers, CNAs, and licensed trades, that protection is often the single most valuable result of sealing a record.

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How the remedy works

Sealed Records and Professional Licenses in Pennsylvania.

Authority: 18 Pa.C.S. § 9124(b)(2)[1] [2]

Record relief, in context

Sealing is often described as only hiding a record from employers. For licensed professionals, § 9124(b)(2) makes it far more than that.

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Section 9124 governs how Pennsylvania licensing agencies may use criminal history record information. Subsection (b)(2) bars an agency from using convictions that have been expunged or made subject to limited access under §§ 9122.1 and 9122.2 in considering an application for a license.

Limited access can come two ways: automatically under § 9122.2 (Clean Slate), with no petition, or by petition under § 9122.1. Either way, the sealed conviction falls within the § 9124(b)(2) protection.

Sealing is not erasure. Sections 9121 and 9122.5 preserve certain access — for courts, criminal-justice agencies, and employers where federal law requires it. A licensing board considering your application is not among the uses the law allows for a sealed conviction under § 9124(b)(2).

Eligibility at a glance

What qualifies — and what does not.

Sealed Records and Professional Licenses in Pennsylvania: eligibility categories under 18 Pa.C.S. § 9124(b)(2)
SituationWhat the law allowsCondition
Conviction sealed automatically under § 9122.2Covered by § 9124(b)(2)The licensing board may not use it in considering a license application
Conviction sealed by petition under § 9122.1Covered by § 9124(b)(2)Same protection as automatic sealing
Expunged convictionCovered by § 9124(b)(2)The record is removed and may not be used on a license application
Conviction not yet sealedNot coveredUntil sealing or expungement occurs, the conviction remains ordinary criminal history record information

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.

  1. Step 1

    Confirm whether the record is already sealed

    Clean Slate sealing under § 9122.2 happens without a petition; a certified criminal-history check shows whether it has occurred.

  2. Step 2

    Petition where automatic sealing does not apply

    Eligible records not reached by § 9122.2 may be sealed by petition under § 9122.1.

  3. Step 3

    Answer license applications with the statute in mind

    Review the exact question on the application alongside § 9124(b)(2) and § 9122.5 before answering.

Jurisdiction & venue

Where the petition is filed.

Statewide rule

Section 9124(b)(2) applies to Pennsylvania licensing agencies regardless of the county where the case was prosecuted.

Where these petitions are won or lost.

  • Seal before you apply

    The protection attaches to convictions that have been sealed or expunged — timing the sealing ahead of a license application matters.

  • Keep the order

    Keep a copy of any sealing order or a certified record showing the sealed status for your own files.

FAQ

Frequently asked questions.

Common questions about sealed records & professional licenses in Pennsylvania — eligibility, procedure, and what the order actually changes.

  • No. Under 18 Pa.C.S. § 9124(b)(2), convictions that have been expunged or made subject to limited access under §§ 9122.1 and 9122.2 shall not be used in consideration of an application for a license.

  • No. Section 9124(b)(2) covers limited access under both § 9122.1 (petition) and § 9122.2 (automatic Clean Slate sealing).

  • No. Sections 9121 and 9122.5 preserve certain access, such as for courts and criminal-justice agencies and where federal law requires it. But the licensing-board use is barred by § 9124(b)(2).

Sources & statutory citations

  1. [1]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.
  2. [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. [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. [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. [5]18 Pa.C.S. § 9121 — General regulations on dissemination of criminal history record information, including what remains available after sealing.
  6. [6]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.

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

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