How a Criminal Defense Attorney and the New Clean Slate 3.0 Pennsylvania Expungement Law Can Help You

Governor Josh Shapiro recently signed a new Expungement Bill called Clean Slate 3.0 which allows even more Pennsylvania residents (including Philadelphia County criminal defendants) to get their criminal record expunged and get a fresh start in life. This expands what former Governor Tom Wolf did in 2018 when he signed Senate Bill 166 into law (Clean State Law), which expanded criminal record sealing in Pennsylvania in order to reduce recidivism, relieve the pardon system, and provide ex-offenders greater opportunity to join the workforce.

Before 2015 there were no exceptions for expungements in Pennsylvania for people who were convicted for misdemeanors and felonies. Then in 2015 Pennsylvania first enacted legislation allowing courts to limit public access to certain misdemeanor and ungraded offense convictions through record sealing (or "limited access"). This was a significant step, but records were still accessible to law enforcement.

Between 70 and 100 million Americans, or as many as one in three American adults, have some type of criminal record. A recent report estimated that between 33 and 36.5 million children in the United States—nearly half of all U.S. children—have at least one parent with a criminal record.

A criminal record often carries a lifetime of consequences, and even a minor criminal record can be a serious impediment to employment, housing, education and training, public assistance, financial empowerment, and more. So these three (3) Pennsylvania Expungement Laws discussed above offered relief to many hard working Philadelphia County residents.

More than half of U.S. states (27) allow some misdemeanor and even felony convictions to be expunged or sealed. This Act allows certain criminal records to be sealed, meaning that law enforcement and state licensing agencies will continue to have access to those records – but those records will no longer be an impediment for employment or housing.

Starting Feb. 12, 2024, more Pennsylvania residents with criminal records have more chances for a fresh start. The new law expands record-sealing, and shortens the timeframe. Record-sealing helps people get better opportunities for jobs, housing & education.

Sealed records do not need to be disclosed, unless required by federal law.

The New Law, In Brief

Some low-level drug and property-related felony convictions may be sealed if 10 years have passed, with no misdemeanor or felony convictions for 10 years. Many misdemeanor convictions may be sealed if 7 years have passed, with no misdemeanor or felony convictions for 7 years. Summary convictions will be sealed automatically after 5 years, with no current criminal charges. (started June 11, 2024).

For strong representation and more advice, Mark D. Hauser is your go-to expungement lawyer in Philadelphia.

What is Record-sealing?

A sealed record cannot be seen on most background checks. If a conviction is not sealed automatically, a petition must be filed in court.

Low-level felony convictions which may be sealed after 10 years:

• Many drug crimes with shorter sentences

• Theft, including retail theft and receiving stolen property

• Trespass

• Forgery & fraud, including access/device fraud, bad checks, ID theft & welfare fraud

• Criminal mischief

• Conspiracy to commit an eligible crime

Misdemeanor convictions which may be sealed after 7 years:

• Recklessly endangering another person

• Simple assault

• Driving under the influence (DUI)

• Disorderly conduct

• Resisting arrest

• Harassment

• Terroristic threats

• Possession of an instrument of a crime

• Prostitution

Summary convictions will be sealed automatically after 5 years, starting in June 2024.

Expungement Process in Pennsylvania

Clean Slate 3.0 did not change Pennsylvania’s expungement process. In addition to specific cases discussed above, under the current law, you are eligible for an expungement if you meet these qualifications:

• Only non-conviction charges, including Accelerated Rehabilitative Disposition (ARD), or summary convictions, with no arrests in the past 5 years, can be expunged.

Note: Misdemeanor and felony convictions cannot be expunged until you are at least 70 years old, unless you first receive a pardon.

For more services and representation, including Philadelphia white collar criminal defense, call Mark Hauser now at 267-584-4093 if you think you qualify for an expungement!