What records are automatically sealed under Pennsylvania's Clean Slate?

Clean Slate automatically seals: (1) non-conviction records (dismissed charges, acquittals, withdrawn cases); (2) summary offenses after 10 years with no new convictions; (3) ungraded misdemeanors and 2nd/3rd degree misdemeanors after 10 years with no new convictions; (4) certain drug felonies (added in 2024 expansion). Violent offenses, sex offenses, and some other categories are excluded from automatic sealing.

Does Philadelphia have its own background check rules?

Yes. Philadelphia has the Fair Criminal Record Screening Standards, one of the strongest local fair chance hiring laws in the country. It covers private employers with 10 or more employees and prohibits criminal history inquiries until after a conditional offer. Significant amendments effective January 6, 2026 impose lookback limits: 7 years for felonies and 4 years for misdemeanors. If you are applying for jobs in Philadelphia, these local protections may provide additional rights beyond state law.

Can an employer in Pennsylvania consider any conviction in their hiring decision?

Not necessarily. Under the Criminal History Record Information Act (18 Pa.C.S. § 9124), employers may only consider convictions that relate to the applicant's suitability for the specific position, with the exception that felony and first-degree misdemeanor convictions may be considered for any position if less than 10 years old. This means an employer generally cannot deny you a job based on an unrelated conviction.

Will a sealed record show up on a Pennsylvania background check?

No. Once a record is sealed under Clean Slate or through a petition process, it should not appear on standard employment background checks. You can legally deny the existence of sealed records when asked by employers. Law enforcement and certain government agencies retain access for specific purposes.

How do I know if my records have been auto-sealed under Clean Slate?

The Pennsylvania State Police administers the automated sealing process. You can request your own criminal history record from the Pennsylvania State Police (PATCH system) to see what records are currently visible. If records that should have been auto-sealed are still appearing, contact a legal aid organization for help. Community Legal Services of Philadelphia and other legal aid providers can assist.

Can I petition for expungement of records that don't qualify for auto-sealing?

Yes. Pennsylvania allows petition-based expungement for records that do not qualify for automatic Clean Slate sealing. This includes certain offenses that fall outside the auto-sealing categories. The petition process requires filing with the court, and eligibility depends on the specific offense and your criminal history. Legal aid organizations can help you determine eligibility and file the petition.

Pennsylvania Background Check Laws

No state lookback limitLast updated: 2026-04-01

Pennsylvania was the first state to pass a Clean Slate law (2018), automatically sealing non-violent misdemeanors and summary offenses after 10 years conviction-free. Convictions can appear indefinitely under FCRA defaults outside of Clean Slate. Philadelphia has its own strong local law with 7-year felony and 4-year misdemeanor lookback limits (effective January 6, 2026).

Overview

Pennsylvania holds a historic distinction in criminal justice reform: it was the first state in the nation to enact a Clean Slate law, signing Act 56 into law in 2018. This landmark legislation provides for automatic sealing of certain criminal records, creating a model that has since been adopted by multiple other states. Under Clean Slate, non-violent misdemeanors, summary offenses, and simple assaults are automatically sealed after 10 years without a new conviction. The law was further expanded in 2024 to include certain drug felonies. Outside of Clean Slate, Pennsylvania follows the federal FCRA default for background check reporting — convictions can appear indefinitely. There is no state-imposed lookback limit on convictions. Non-conviction records are limited to seven years under the FCRA. Pennsylvania's ban-the-box policy applies to state and local government employers but does not cover private employers statewide. However, Philadelphia has its own strong fair chance hiring law (the Fair Criminal Record Screening Standards, with significant amendments effective January 6, 2026) that imposes specific lookback limits: 7 years for felonies and 4 years for misdemeanors for employers in Philadelphia. For job seekers in Philadelphia, these local protections are among the strongest in the nation. Pennsylvania also has a robust petition-based expungement process for records that do not qualify for automatic sealing. Between Clean Slate auto-sealing, Philadelphia's local protections, and petition-based expungement, Pennsylvania offers multiple meaningful pathways for people to move past their criminal records.

How Far Back Does a Background Check Go in Pennsylvania?

Record Type	Rule in Pennsylvania
Felony Convictions	Felony convictions can be reported indefinitely under FCRA default rules. Certain drug felonies are now eligible for Clean Slate auto-sealing (2024 expansion). In Philadelphia, felony lookback is limited to 7 years under local law effective January 6, 2026.
Misdemeanor Convictions	Misdemeanor convictions can be reported indefinitely under FCRA defaults. Non-violent misdemeanors are auto-sealed after 10 years under Clean Slate. In Philadelphia, misdemeanor lookback is limited to 4 years under local law effective January 6, 2026.
All Convictions	No state-imposed time limit on reporting convictions — FCRA default rules apply. However, Pennsylvania's Clean Slate law auto-seals eligible records after 10 years, and Philadelphia has local lookback limits (7 years for felonies, 4 years for misdemeanors as of Jan 6, 2026).
Arrests (No Conviction)	Arrests not leading to conviction are limited to 7 years under the FCRA. Non-conviction records are also eligible for auto-sealing under Clean Slate and for petition-based expungement.
Pending Cases	Pending criminal cases can be reported on a background check regardless of when charges were filed.

Ban the Box / Fair Chance

Yes

Pennsylvania's statewide ban-the-box policy applies to state and local government employers under an executive order. Private employers are not covered by a statewide ban-the-box law. However, Philadelphia has its own comprehensive fair chance hiring law — the Fair Criminal Record Screening Standards — which covers private employers with 10 or more employees. Philadelphia's law prohibits criminal history questions until after a conditional offer. Significant amendments effective January 6, 2026 impose felony lookback limits of 7 years and misdemeanor lookback limits of 4 years for Philadelphia employers. Pittsburgh also has a local ban-the-box ordinance for city employment.

Effective: 2017

Clean Slate / Auto-Sealing

Yes — automatic sealing

Pennsylvania was the first state in the nation to enact a Clean Slate law (Act 56, signed June 28, 2018). The law provides for automatic sealing of: (1) non-conviction records (arrests, dismissed charges, acquittals) — automatically sealed; (2) summary offenses — automatically sealed after 10 years with no new convictions; (3) non-violent misdemeanors (2nd and 3rd degree) and simple assault — automatically sealed after 10 years with no new convictions. The law was expanded in 2024 to include certain drug felonies in the auto-sealing process. The Pennsylvania State Police administers the automated sealing system. Once sealed, records are not available to most employers through standard background checks, though law enforcement and certain government agencies retain access.

Effective: 2018

What Employers Can Do in Pennsylvania

When can employers ask about criminal history?: State and local government employers defer criminal history inquiries under the statewide executive order. Private employers outside Philadelphia can ask at any point. In Philadelphia, employers with 10+ employees must wait until after a conditional offer (with additional lookback limits effective January 6, 2026).
What can they consider?: Pennsylvania's Criminal History Record Information Act (18 Pa.C.S. § 9124) limits what convictions employers can consider. For most positions, employers may only consider convictions that relate to the applicant's suitability for the specific job. Felony and first-degree misdemeanor convictions may be considered for any position if less than 10 years old. In Philadelphia, the local law imposes additional restrictions including specific lookback periods and requirements for individualized assessment.
Individualized assessment required?: Yes — employers must evaluate each applicant individually, considering the nature of the offense, time elapsed, and relevance to the job.

Key Laws in Pennsylvania

Pennsylvania Clean Slate Act (Act 56)(2018)
First-in-the-nation Clean Slate law providing automatic sealing of non-violent misdemeanors, summary offenses, and non-conviction records after 10 years with no new convictions. Expanded in 2024 to include certain drug felonies. Administered by the Pennsylvania State Police.
Criminal History Record Information Act (18 Pa.C.S. § 9124)(1978)
Pennsylvania law governing employer use of criminal records. Limits which convictions can be considered in employment decisions based on the type of offense and its relationship to the job. Provides an important baseline of protection for job seekers.
Philadelphia Fair Criminal Record Screening Standards(2011)
Philadelphia's local fair chance hiring law covering private employers with 10+ employees. Prohibits criminal history inquiries until after a conditional offer. Amendments effective January 6, 2026 impose felony lookback of 7 years and misdemeanor lookback of 4 years.
Fair Credit Reporting Act (FCRA)(1970)
Federal baseline law for background check reporting. In Pennsylvania, the FCRA serves as the default for CRA reporting, with Clean Slate auto-sealing and the Criminal History Record Information Act providing additional state-level protections.

Frequently Asked Questions — Pennsylvania

How far back does a background check go in Pennsylvania?: Pennsylvania does not impose a state-level time limit on reporting criminal convictions, so under the federal FCRA, convictions can appear indefinitely. However, Pennsylvania's Clean Slate law auto-seals eligible records (non-violent misdemeanors, summary offenses) after 10 years with no new convictions. In Philadelphia, local law limits felony lookback to 7 years and misdemeanor lookback to 4 years (effective January 6, 2026).
What is Pennsylvania's Clean Slate law?: Pennsylvania was the first state in the nation to pass a Clean Slate law (Act 56, 2018). It automatically seals non-conviction records, summary offenses, and non-violent misdemeanors after 10 years with no new convictions. The law was expanded in 2024 to include certain drug felonies. The Pennsylvania State Police administers the automated sealing process. You do not need to file a petition for records that qualify for auto-sealing.
What records are automatically sealed under Pennsylvania's Clean Slate?: Clean Slate automatically seals: (1) non-conviction records (dismissed charges, acquittals, withdrawn cases); (2) summary offenses after 10 years with no new convictions; (3) ungraded misdemeanors and 2nd/3rd degree misdemeanors after 10 years with no new convictions; (4) certain drug felonies (added in 2024 expansion). Violent offenses, sex offenses, and some other categories are excluded from automatic sealing.
Does Philadelphia have its own background check rules?: Yes. Philadelphia has the Fair Criminal Record Screening Standards, one of the strongest local fair chance hiring laws in the country. It covers private employers with 10 or more employees and prohibits criminal history inquiries until after a conditional offer. Significant amendments effective January 6, 2026 impose lookback limits: 7 years for felonies and 4 years for misdemeanors. If you are applying for jobs in Philadelphia, these local protections may provide additional rights beyond state law.
Can an employer in Pennsylvania consider any conviction in their hiring decision?: Not necessarily. Under the Criminal History Record Information Act (18 Pa.C.S. § 9124), employers may only consider convictions that relate to the applicant's suitability for the specific position, with the exception that felony and first-degree misdemeanor convictions may be considered for any position if less than 10 years old. This means an employer generally cannot deny you a job based on an unrelated conviction.
Will a sealed record show up on a Pennsylvania background check?: No. Once a record is sealed under Clean Slate or through a petition process, it should not appear on standard employment background checks. You can legally deny the existence of sealed records when asked by employers. Law enforcement and certain government agencies retain access for specific purposes.
How do I know if my records have been auto-sealed under Clean Slate?: The Pennsylvania State Police administers the automated sealing process. You can request your own criminal history record from the Pennsylvania State Police (PATCH system) to see what records are currently visible. If records that should have been auto-sealed are still appearing, contact a legal aid organization for help. Community Legal Services of Philadelphia and other legal aid providers can assist.
Can I petition for expungement of records that don't qualify for auto-sealing?: Yes. Pennsylvania allows petition-based expungement for records that do not qualify for automatic Clean Slate sealing. This includes certain offenses that fall outside the auto-sealing categories. The petition process requires filing with the court, and eligibility depends on the specific offense and your criminal history. Legal aid organizations can help you determine eligibility and file the petition.

Pennsylvania Resources

Community Legal Services of Philadelphia
Provides free legal assistance including help with Clean Slate, expungement petitions, and employment rights under Philadelphia's fair chance hiring law.
Pennsylvania State Police — PATCH (Criminal History)
Official system for requesting Pennsylvania criminal history records. Check your own record to see what is currently visible and whether Clean Slate sealing has been applied.
Clean Slate Initiative
National organization supporting Clean Slate legislation, with resources and information about Pennsylvania's pioneering Clean Slate law and how it works.
Pennsylvania Legal Aid Network
Statewide network connecting low-income Pennsylvanians with free legal assistance, including help with criminal record issues, expungement, and employment rights.
Philadelphia Commission on Human Relations
City agency enforcing Philadelphia's fair chance hiring law. File a complaint if a Philadelphia employer violates the Fair Criminal Record Screening Standards.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Pennsylvania for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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