Clearing A Record
18 Pa.C.S. 9122.2 — clean slate, limited access, and expungement
| The record | Clean slate limited access, without a petition |
|---|---|
| The recordCharges that ended in anything other than a conviction | Clean slate limited access, without a petitionYes |
| The recordA summary conviction | Clean slate limited access, without a petitionAfter five years since the judgment, with restitution paid |
| The recordA misdemeanor of the second or third degree, or one punishable by no more than two years | Clean slate limited access, without a petitionAfter seven years free of any conviction punishable by one or more years, with restitution paid |
| The recordOther qualifying offenses | Clean slate limited access, without a petitionAfter 10 years free of such a conviction, with restitution paid |
By petition, a person free from conviction for seven years for an offense punishable by one or more years, who has paid all restitution and the fee, may ask the court of common pleas to limit access to a qualifying misdemeanor or an ungraded offense with a maximum of no more than five years. After 10 years, certain felonies can qualify, but not felonies of the first or second degree. Limited access means the record is disseminated only to a criminal justice agency, apart from the exceptions the law lists.
- An acquittal of all charges from the same conduct is expunged automatically, no later than 12 months from the acquittal, after the Commonwealth has 60 days to object.
- A summary offense may be expunged on petition once the person has been free of arrest or prosecution for five years after the conviction.
- A record may be expunged when the person reaches 70 and has been free of arrest or prosecution for ten years after final release.
- An underage drinking conviction for an offense committed at 18 or older is expunged on petition once the person is 21 and has completed the sentence.
Sources for this section (3)
- 18 Pa.C.S. 9122.2 — Clean slate limited access
- 18 Pa.C.S. 9122.1 — Petition for limited access
- 18 Pa.C.S. 9122 — Expungement
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.