Expungements & Pardons · Sealing & Expungement Petition Process

Filing a sealing or expungement petition, step by step.

Automatic Clean Slate sealing under 18 Pa.C.S. § 9122.2 needs no petition and no fee. Everything else — petition sealing under § 9122.1, expungement under § 9122, and summary-case expungement under Pa.R.Crim.P. 490 — starts with a petition filed with the clerk of courts and a $132 filing fee under 42 Pa.C.S. § 1725.7. I file these petitions across Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties.

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How the remedy works

How to File a Sealing or Expungement Petition in Pennsylvania, Step by Step.

Authority: 18 Pa.C.S. § 9122.1; Pa.R.Crim.P. 490[1] [2]

Record relief, in context

Petitions go to the clerk of courts with a $132 fee under 42 Pa.C.S. § 1725.7; automatic sealing under § 9122.2 needs neither.

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Pennsylvania record relief runs on two tracks. The automatic track, § 9122.2, seals eligible records by court order without any filing. The petition track covers everything the automatic track does not: petition-based limited access under § 9122.1 (including M1 convictions after seven years and the listed F3 and ungraded felonies after ten years under § 9122.1(a.1)), and expungement under § 9122.

Every petition is filed with the clerk of courts. For summary cases, Rule 490(A)(1) is explicit: the petition is filed with the clerk of the courts of the judicial district in which the charges were disposed — not with the magisterial district judge, even when the MDJ decided the case. Expungement petitions in court cases follow Rule 790.

The filing fee is $132 under 42 Pa.C.S. § 1725.7, paid to the clerk of courts at filing. The fee attaches to a petition under § 9122 or § 9122.1. Automatic sealing under § 9122.2 involves no petition, so no fee is charged for it.

Eligibility at a glance

What qualifies — and what does not.

How to File a Sealing or Expungement Petition in Pennsylvania, Step by Step: eligibility categories under 18 Pa.C.S. § 9122.1; Pa.R.Crim.P. 490
SituationWhat the law allowsCondition
Summary-case expungementPetition under Pa.R.Crim.P. 490Filed with the clerk of the courts of the judicial district where the charges were disposed — Rule 490(A)(1). $132 fee under § 1725.7.
Court-case expungement under § 9122Petition under Pa.R.Crim.P. 790Filed with the clerk of courts. $132 fee under § 1725.7.
Petition sealing under § 9122.1Petition to the court of common pleasM1 convictions after seven years; listed F3 and ungraded felonies after ten years under § 9122.1(a.1). $132 fee under § 1725.7. The § 9122.3 exclusions apply.
Automatic Clean Slate sealing under § 9122.2No petitionSealed by court order without a filing. No fee.

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 the record isn't already sealed automatically

    If the case qualifies under § 9122.2, it is sealed without a petition and no fee is owed. Check the UJS Portal before filing anything.

  2. Step 2

    Identify the right remedy

    Summary-case expungement (Rule 490), court-case expungement under § 9122 (Rule 790), or petition sealing under § 9122.1. Check the § 9122.3 exclusions before choosing sealing.

  3. Step 3

    Pull the docket and identifiers

    The petition must identify the case and the charges. Get the docket number and disposition from the UJS Portal or the clerk of courts.

  4. Step 4

    Prepare the petition

    Use the form and contents the governing rule requires — Rule 490 for summary cases, Rule 790 for court cases.

  5. Step 5

    File with the clerk of courts and pay the $132 fee

    File in the judicial district where the charges were disposed. The $132 fee under 42 Pa.C.S. § 1725.7 is paid to the clerk of courts at filing.

  6. Step 6

    Serve the Commonwealth and wait for its response

    The attorney for the Commonwealth is served and may respond within the time the rule allows. An objection can lead to a hearing.

  7. Step 7

    Obtain the signed order and confirm it is carried out

    Once the judge signs the order, it is distributed to the agencies holding the record. Confirm the result on the UJS Portal.

Jurisdiction & venue

Where the petition is filed.

Dauphin and Cumberland counties

Petitions are filed with each county's clerk of courts. For summary cases decided at a magisterial district court, the filing still goes to the clerk of courts under Rule 490(A)(1).

York and Adams counties

Both counties' clerks of courts accept petitions with the $132 § 1725.7 fee at filing.

Perry, Franklin, and Lancaster counties

The same statewide rules apply: file with the clerk of courts in the judicial district where the charges were disposed.

Where these petitions are won or lost.

  • Don't file at the MDJ

    Rule 490(A)(1) sends summary expungement petitions to the clerk of the courts of the judicial district — there is no MDJ filing option.

  • Don't pay for what's automatic

    If the record qualifies for § 9122.2 automatic sealing, no petition or fee is required.

  • Check exclusions before filing a sealing petition

    A § 9122.3 exclusion, including the same-case rule in § 9122.3(b), defeats a sealing petition no matter how well it is drafted.

  • Sealing protects license applications

    A sealed conviction may not be used in considering a license application — 18 Pa.C.S. § 9124(b)(2).

FAQ

Frequently asked questions.

Common questions about sealing & expungement petition process in Pennsylvania — eligibility, procedure, and what the order actually changes.

  • With the clerk of the courts of the judicial district in which the charges were disposed — Pa.R.Crim.P. 490(A)(1). Not with the magisterial district judge.

  • $132 under 42 Pa.C.S. § 1725.7, paid to the clerk of courts at filing, for a petition under § 9122 or § 9122.1.

  • No. Automatic sealing under § 9122.2 involves no petition, so the § 1725.7 fee does not apply.

  • M1 convictions after seven years and the listed F3 and ungraded felonies after ten years under § 9122.1(a.1), plus eligible records the automated sweep missed.

Sources & statutory citations

  1. [1]Pa.R.Crim.P. 490 — Procedure for obtaining expungement in summary cases — under Rule 490(A)(1) the petition is filed with the clerk of the courts of the judicial district in which the charges were disposed; also governs petition contents, service, and the Commonwealth's response window.
  2. [2]Pa.R.Crim.P. 790 — Procedure for obtaining expungement in court cases — the petition, required identifiers, and hearing procedure.
  3. [3]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.
  4. [4]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.
  5. [5]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.
  6. [6]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.
  7. [7]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.
  8. [8]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.
  9. [9]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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