How long do I have to wait to expunge a summary conviction?

Under § 9122(b)(3), five years must have passed since the conviction, with no further arrests or prosecutions during that period.

Can a misdemeanor conviction be expunged the same way?

No — § 9122 does not provide a comparable path for misdemeanor convictions; absent a pardon, expungement generally isn't available for them.

What can I do about an old misdemeanor conviction if I can't expunge it?

Clean Slate sealing under §§ 9122.1–9122.2 reaches most M2 and M3 convictions and certain M1 convictions after a longer waiting period, though it hides rather than destroys the record.

Does an arrest that didn't lead to a conviction affect my five-year clock?

It can — § 9122(b)(3) requires no further arrests or prosecutions during the five-year period, so a later arrest, even one that's ultimately dismissed, can be relevant to the analysis.

What if my charge started as a summary offense but was upgraded?

Eligibility under § 9122(b)(3) depends on how the offense was actually graded at conviction, so an upgraded charge would need to be evaluated under the rules that apply to its final grade.

Is sealing the same as expunging a misdemeanor?

No — sealing leaves the record intact but restricts public and most commercial access to it, while expungement removes the record itself.

Can I get a misdemeanor expunged if I get a pardon?

Yes — a pardon can open the door to expunging a misdemeanor conviction under § 9122, since the statutory bar on expunging convictions generally doesn't apply once a pardon has been granted.

Compare · Summary vs. Misdemeanor Expungement Eligibility

A summary conviction can usually be expunged after five clean years. A misdemeanor conviction usually can't be expunged at all.

Grading makes a much bigger difference to record relief than most people expect. Under 18 Pa.C.S. § 9122(b)(3), a person convicted of a summary offense — the least serious category, covering things like disorderly conduct, retail theft graded as a summary, and many traffic and municipal violations — can petition to have that conviction expunged once five years have passed since the conviction without any further arrest or prosecution. Misdemeanor convictions don't get that same statutory path. Section 9122 generally does not authorize expunging a misdemeanor conviction no matter how much time has passed, absent a pardon, which is why misdemeanor relief usually runs through Clean Slate sealing under §§ 9122.1–9122.2 instead, for the categories of misdemeanors that sealing actually reaches. Understanding which bucket a conviction falls into — and whether it was actually graded as a summary offense rather than something a plea agreement quietly upgraded — is the first step in figuring out what relief is realistically available.

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The short answer

Summary conviction expungement (§ 9122(b)(3))

Section 9122(b)(3) allows a person convicted of a summary offense to petition for expungement once five years have elapsed since the conviction, provided there have been no further arrests or prosecutions during that period. This is a genuine expungement — if granted, the record is removed rather than merely hidden — and it applies to the broad category of summary offenses, which includes many low-level disorderly conduct, harassment, and retail theft charges, along with numerous municipal and traffic offenses. The five-year clock and the clean-record requirement are the central eligibility gates, and the petition still has to be filed and served on the district attorney, who can object, though objections to a straightforward summary expungement petition that meets the statutory criteria are less common than in more contested cases.

Misdemeanor conviction (no direct § 9122 expungement)

A misdemeanor conviction — whether M1, M2, or M3 — does not have a comparable expungement path under § 9122 regardless of how much time has passed or how minor the underlying conduct was. Absent a pardon, the conviction simply isn't eligible for expungement. The relief most misdemeanor convictions can realistically pursue is Clean Slate sealing under §§ 9122.1 or 9122.2, which applies broadly to M2 and M3 convictions and to certain M1 convictions after a statutory waiting period with no further offenses, but sealing hides the record from public and commercial view rather than destroying it. For someone who wants an actual expungement of a misdemeanor conviction, the Board of Pardons process is the door that has to be opened first.

Summary conviction expungement (§ 9122(b)(3)) vs. Misdemeanor conviction (no direct § 9122 expungement) — Pennsylvania comparison
What matters	Summary conviction expungement (§ 9122(b)(3))	Misdemeanor conviction (no direct § 9122 expungement)
Governing statute	§ 9122(b)(3)	No direct § 9122 expungement path; relief runs through §§ 9122.1–9122.2 sealing, or a pardon
Waiting period	Five years from the date of conviction with no further arrests or prosecutions	No expungement waiting period applies, because expungement generally isn't available at all without a pardon
What relief looks like if eligible	True expungement — record destroyed or removed, not merely hidden	Clean Slate sealing hides the record from public and commercial background checks but leaves it intact
Which offenses qualify	Any conviction actually graded as a summary offense, including many disorderly conduct, harassment, and low-level retail theft charges	M2 and M3 convictions generally qualify for sealing; certain M1 convictions qualify after a longer statutory period
Mechanism	Petition filed with the court, served on the district attorney, decided by a judge	Sealing under § 9122.1 can be automatic; § 9122.2 requires a petition; expungement requires a pardon first
How grading disputes affect eligibility	If the offense was actually graded higher than summary at conviction (even if it started as a summary charge), it isn't eligible under this section	The specific misdemeanor grade (M1 vs. M2/M3) controls whether and when sealing applies
Cost and complexity	Relatively straightforward filing once the five-year, arrest-free requirement is met	Sealing is comparatively simple where it applies automatically; pursuing an actual expungement adds the time and discretion of the pardon process
Common point of confusion	People sometimes assume any old, minor conviction qualifies, without checking that it was actually graded as a summary offense	People sometimes assume Clean Slate sealing is the same as expungement, when it leaves the underlying record intact

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 checking whether an old summary conviction is expungeable

The first thing I confirm is the actual grading on the docket — some charges that started as summary offenses were resolved at a different grade — and then I check the five-year, arrest-free clock before filing a § 9122(b)(3) petition.

When a misdemeanor conviction is the issue

Since § 9122 doesn't provide a direct expungement path for most misdemeanors, I evaluate whether Clean Slate sealing already reaches the conviction based on its grade and the time elapsed, and separately whether a pardon application is worth pursuing if actual expungement is the goal.

When there's been any arrest or prosecution in the last five years

Even an arrest that didn't result in a conviction can reset the clock on § 9122(b)(3) eligibility for a summary offense, so I look closely at the person's full record during that window before filing.

When someone has a mix of summary and misdemeanor convictions on the same record

I address each conviction separately, since a summary offense on the docket might be expungeable now while a misdemeanor conviction from the same period may only be reachable through sealing or a pardon.

Frequently asked questions.

Common questions about summary vs. misdemeanor expungement eligibility in Pennsylvania.

Under § 9122(b)(3), five years must have passed since the conviction, with no further arrests or prosecutions during that period.
No — § 9122 does not provide a comparable path for misdemeanor convictions; absent a pardon, expungement generally isn't available for them.
Clean Slate sealing under §§ 9122.1–9122.2 reaches most M2 and M3 convictions and certain M1 convictions after a longer waiting period, though it hides rather than destroys the record.
It can — § 9122(b)(3) requires no further arrests or prosecutions during the five-year period, so a later arrest, even one that's ultimately dismissed, can be relevant to the analysis.
Eligibility under § 9122(b)(3) depends on how the offense was actually graded at conviction, so an upgraded charge would need to be evaluated under the rules that apply to its final grade.
No — sealing leaves the record intact but restricts public and most commercial access to it, while expungement removes the record itself.
Yes — a pardon can open the door to expunging a misdemeanor conviction under § 9122, since the statutory bar on expunging convictions generally doesn't apply once a pardon has been granted.

[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]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.

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

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