Pennsylvania (PA) — Expungement & Record Clearing

Remedy

Clean slate limited access for non-conviction dispositions (18 Pa.C.S. § 9122.2(a)(2)); expungement of nonconviction records by court order (§ 9122(a)(2)); automatic expungement of full acquittals (§ 9122(a)(4)); expungement when no disposition is recorded within 18 months (§ 9122(a)(1)); drug-case expungement (35 P.S. § 780-119)

Waiting period

No waiting period for limited access. The record is sent for limited access within 30 days after the disposition (and payment of any restitution the court ordered). Full acquittals are expunged no later than 12 months after the acquittal.

Charges that ended in anything other than a conviction (for example dismissed, withdrawn, nolle prossed or not guilty) are placed under limited access automatically. The court system must send them to the State Police within 30 days after the disposition and payment of any restitution the court ordered. A court can also order nonconviction records expunged. If you are acquitted of every charge at trial, the record is expunged automatically, no later than 12 months after the acquittal. The prosecution first gets 60 days to object. Arrests with no disposition recorded within 18 months are expunged once the court certifies that no disposition is available and nothing is pending.

• ✗Automatic acquittal expungement does not apply to a partial acquittal
• ✗Courts cannot expunge the arrest record after ARD for listed sexual offenses when the victim was under 18
• ✗Drug-act arrest expungement under 35 P.S. § 780-119 is available as of right only once, and it does not cover people indicted under section 13(a)(30) (manufacture, delivery or possession with intent to deliver)

Sources: 18 Pa.C.S. § 9122.2 (Clean slate limited access) — PA General Assembly (§ 9122.2(a)(2); § 9122.2(b)(2)(i)); 18 Pa.C.S. § 9122 (Expungement) — PA General Assembly (§ 9122(a)(2), (2.1); § 9122(a)(4); § 9122(a)(4)(ii); § 9122(a)(4)(iv); +2 more); 35 P.S. § 780-119 (Controlled Substance Act § 19, expunging criminal records) — PA General Assembly (35 P.S. § 780-119(a))

Remedy

Clean slate limited access (18 Pa.C.S. § 9122.2(a)(1)); petition for limited access (§ 9122.1)

Waiting period

7 years free from conviction for any offense punishable by one or more years in prison

Some misdemeanor convictions are placed under limited access automatically: second- and third-degree misdemeanors, and other misdemeanors punishable by no more than two years. Two conditions apply. The person must have been free for seven years from conviction for any offense punishable by one year or more. All court-ordered restitution must also be paid. Other qualifying misdemeanors, and ungraded offenses with a maximum penalty of no more than five years, can be sealed only by petition to the court of common pleas. The petition route has the same seven-year and restitution conditions, plus a statutory fee. Misdemeanor convictions are generally expunged only after an unconditional pardon, at age 70 or older after 10 years free of arrest or prosecution since release, or three years after death.

• ✗Automatic route: offenses involving danger to the person (Title 18 Part II Article B), offenses against the family (Article D), firearms offenses (Chapter 61), sex offenses under the registration/tier statutes, cruelty to animal (§ 5533), corruption of minors (§ 6301), including attempts, conspiracies and solicitations
• ✗Automatic route: anyone ever convicted of a felony other than a qualifying drug offense, of two or more offenses punishable by more than two years, or of four or more offenses punishable by one or more years (counts under one docket and offense tracking number generally count as one conviction)
• ✗Automatic route: an otherwise eligible conviction in a case that also includes a conviction punishable by five or more years or an excluded offense
• ✗Unpaid court-ordered restitution
• ✗Petition route: listed offense types punishable by more than two years; anyone ever convicted of murder, a first-degree felony or an offense punishable by 20 or more years

Sources: 18 Pa.C.S. § 9122.2 (Clean slate limited access) — PA General Assembly (§ 9122.2(a)(1)); 18 Pa.C.S. § 9122.1 (Petition for limited access) — PA General Assembly (§ 9122.1(a); § 9122.1(b)(1); § 9122.1(b)(2)(i)); 18 Pa.C.S. § 9122.3 (Exceptions) — PA General Assembly (§ 9122.3(a); § 9122.3(a)(1)(i)-(iii); § 9122.3(a)(1)(iv); § 9122.3(a)(1)(v)-(vi); +3 more); 18 Pa.C.S. § 9122 (Expungement) — PA General Assembly (§ 9122(a)(2), (2.1); § 9122(b)(1)-(2)); 18 Pa.C.S. § 1104 (Sentence of imprisonment for misdemeanors) — PA General Assembly (18 Pa.C.S. § 1104)

Remedy

Clean slate limited access for "qualifying offenses" under the drug act (18 Pa.C.S. §§ 9122.2(a)(1.1), 9102); petition for limited access for listed felonies other than first- and second-degree felonies (§ 9122.1(a.1)); expungement only after an unconditional pardon, at age 70+, or after death (§ 9122)

Waiting period

10 years free from conviction for any offense punishable by one or more years in prison (automatic qualifying-offense route and petition route)

Only one group of felonies can be sealed automatically: "qualifying offenses" under section 13 of the Controlled Substance, Drug, Device and Cosmetic Act, including attempts, conspiracies and solicitations. A drug offense does not count if the court imposed a minimum of 30 months or more, or a maximum of 60 months or more. These are sealed after the person has been free for 10 years from conviction for any offense punishable by one year or more and has paid restitution. By petition, a court may seal certain felonies other than first- and second-degree felonies after 10 years under the same conditions. These are criminal mischief, criminal trespass, theft offenses, forgery and fraudulent-practices offenses, offenses under section 481 of the Human Services Code, and qualifying drug offenses. Other felonies are generally cleared only through a pardon (which leads to expungement). Expungement is also possible at age 70 after 10 years free of arrest or prosecution since release, or three years after death.

• ✗Drug offenses where a minimum sentence of 30 months or more, or a maximum of 60 months or more, was imposed
• ✗First- and second-degree felonies (petition route)
• ✗Anyone ever convicted of murder, a first-degree felony or an offense punishable by 20 or more years (petition route)
• ✗Non-drug felonies are never sealed automatically; any non-drug felony conviction bars automatic sealing of misdemeanor and qualifying drug-offense convictions under § 9122.3
• ✗Unpaid court-ordered restitution

Sources: 18 Pa.C.S. § 9122.2 (Clean slate limited access) — PA General Assembly (§ 9122.2(a)(1.1)); 18 Pa.C.S. § 9102 (Definitions) — PA General Assembly (§ 9102, "Qualifying offense"); 18 Pa.C.S. § 9122.1 (Petition for limited access) — PA General Assembly (§ 9122.1(a.1); § 9122.1(a.1)(3)-(4), (6); § 9122.1(a.1)(5)-(6); § 9122.1(b)(2)(i)); 18 Pa.C.S. § 9122.3 (Exceptions) — PA General Assembly (§ 9122.3(a)(2)(i)-(iii)); 18 Pa.C.S. § 9122 (Expungement) — PA General Assembly (§ 9122(a)(2), (2.1); § 9122(a.1)(1); § 9122(b)(1)-(2)); Unified Judicial System of PA — Proposed Budget 2025-26 (Clean Slate program narrative) (Clean Slate program narrative (p. 70))

Remedy

Clean slate limited access or petition for limited access (18 Pa.C.S. §§ 9122.2(a)(1), 9122.1); ARD for DUI (75 Pa.C.S. § 3807)

Waiting period

7 years free from conviction for any offense punishable by one or more years (for DUI misdemeanors punishable by no more than two years)

A DUI under 75 Pa.C.S. § 3802(a) with no more than one prior offense is a misdemeanor punishable by no more than six months. Misdemeanors punishable by two years or less fall within the automatic clean slate route (7 years conviction-free, restitution paid). § 9122.3's list of excluded offense types does not name DUI. Higher-graded DUIs are outside the automatic route: first-degree misdemeanors (punishable by up to five years) and felonies (for example, three or more prior offenses). Any non-drug felony conviction bars automatic sealing of misdemeanors. If you complete DUI ARD, the clerk of courts must keep a non-public certified copy of the completion order for 12 years even after expungement, for use in later DUI prosecutions. If you fail ARD, the record is not expunged.

• ✗DUIs graded as felonies (e.g., three or more prior offenses); a felony conviction also bars automatic sealing of misdemeanor convictions
• ✗DUIs graded as first-degree misdemeanors are outside the automatic route
• ✗DUI ARD: completion order kept by the clerk for 12 years notwithstanding expungement (Act 58 of 2025)
• ✗ARD not successfully completed: underlying record is not expunged

Sources: 75 Pa.C.S. § 3803 (DUI grading) — PA General Assembly (75 Pa.C.S. § 3803(a)(1); 75 Pa.C.S. § 3803(b)(4); 75 Pa.C.S. § 3803(a)(3)); 18 Pa.C.S. § 9122.2 (Clean slate limited access) — PA General Assembly (§ 9122.2(a)(1)); 18 Pa.C.S. § 9122.3 (Exceptions) — PA General Assembly (§ 9122.3(a); § 9122.3(a)(1)(i)-(iii); § 9122.3(a)(1)(iv); § 9122.3(a)(1)(v)-(vi); +1 more); 18 Pa.C.S. § 1104 (Sentence of imprisonment for misdemeanors) — PA General Assembly (18 Pa.C.S. § 1104); 75 Pa.C.S. § 3807 (DUI Accelerated Rehabilitative Disposition) — PA General Assembly (75 Pa.C.S. § 3807(f)(2); 75 Pa.C.S. § 3807 history note; 75 Pa.C.S. § 3807(e)(1))

Remedy

Clean slate limited access (18 Pa.C.S. § 9122.2(a)(1) and (a)(1.1)); petition for limited access (§ 9122.1); probation without verdict (35 P.S. § 780-117) and drug-case expungement (35 P.S. § 780-119)

Waiting period

7 years free from conviction for any offense punishable by one or more years (misdemeanor possession route); 10 years for the qualifying-offense route

Simple possession (section 13(a)(16) of the Controlled Substance, Drug, Device and Cosmetic Act) is a misdemeanor. It is punishable by up to one year for a first offense, or up to three years after a prior drug-act conviction. A first-offense possession conviction fits the automatic misdemeanor route (7 years). Every section 13 offense is also a "qualifying offense" eligible for automatic limited access after 10 years, unless a minimum of 30+ months or a maximum of 60+ months was imposed. If you complete section 17 probation without verdict, the case is dismissed and is not a conviction. Withdrawn, dismissed or acquitted drug-act charges must be promptly expunged; this is available as of right only once. Small-amount marijuana possession (30 g or less) is a misdemeanor punishable by up to 30 days and follows the same general rules; no cannabis-specific automatic relief was found in the statutes reviewed.

• ✗Qualifying-offense route excludes drug offenses with an imposed minimum of 30+ months or maximum of 60+ months
• ✗Unpaid court-ordered restitution
• ✗General clean slate exclusions in § 9122.3 (e.g., any prior non-drug felony; four or more offenses punishable by one or more years)
• ✗Probation without verdict requires proof of drug dependency, is available only once, and excludes people with prior drug-act or Pennsylvania misdemeanor/felony convictions

Sources: 35 P.S. § 780-113 (Controlled Substance, Drug, Device and Cosmetic Act § 13) — PA General Assembly (35 P.S. § 780-113(a)(16); 35 P.S. § 780-113(b); 35 P.S. § 780-113(g); 35 P.S. § 780-113(a)(31)); 18 Pa.C.S. § 9122.2 (Clean slate limited access) — PA General Assembly (§ 9122.2(a)(1); § 9122.2(a)(1.1)); 18 Pa.C.S. § 9102 (Definitions) — PA General Assembly (§ 9102, "Qualifying offense"); 18 Pa.C.S. § 9122.3 (Exceptions) — PA General Assembly (§ 9122.3(a)(2)(i)-(iii)); 35 P.S. § 780-117 (Controlled Substance Act § 17, probation without verdict) — PA General Assembly (35 P.S. § 780-117; 35 P.S. § 780-117(3); 35 P.S. § 780-117(1)(i)-(ii)); 35 P.S. § 780-119 (Controlled Substance Act § 19, expunging criminal records) — PA General Assembly (35 P.S. § 780-119(a))

Remedy

Expungement of juvenile records (18 Pa.C.S. § 9123)

Waiting period

Varies: none for unsubstantiated/dismissed complaints; 6 months after informal adjustment or consent decree/diversion; 2 years after final discharge for misdemeanor adjudications; 5 years for felony adjudications (and Chapter 61 firearms misdemeanors and certain indecent-assault misdemeanors)

Juvenile delinquency records, and summary offenses committed under age 18, are expunged when the court (on its own motion or on motion of the child or a parent or guardian) finds a listed condition. Examples include an unsubstantiated or dismissed complaint, or six months after completing an informal adjustment or consent decree/diversion. They also include two years after final discharge for a misdemeanor adjudication, or five years for a felony adjudication, with no new conviction or adjudication and nothing pending. The district attorney receives 30 days' notice. Act 108 of 2024 shortened the misdemeanor period to two years (effective 180 days after October 16, 2024).

• ✗Age 14 or older and adjudicated delinquent for rape, involuntary deviate sexual intercourse or aggravated indecent assault (or attempt, solicitation or conspiracy)
• ✗Expungement may be denied upon cause shown

Source: 18 Pa.C.S. § 9123 (Juvenile records) — PA General Assembly (§ 9123(a); § 9123(a)(1); § 9123(a)(1.2); § 9123(a)(2); +5 more)