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CleanSlateCheck

Informational, not legal advice. Statute citations and effective dates reflect research as of 2026-05-04. Always confirm with a licensed Pennsylvania attorney before relying on any output.

Pennsylvania · named-statute

Pennsylvania Clean Slate 3.0: Act 36 of 2023.

Pennsylvania's Clean Slate program — first in the nation when Act 56 of 2018 launched automatic sealing — has expanded twice since: Act 83 of 2020 removed the “all court costs paid” gate, and Act 36 of 2023 (Clean Slate 3.0) extended automatic sealing to certain less-serious drug felonies and shortened wait periods.

The three Clean Slate Acts

  • Act 56 of 2018 (Clean Slate 1.0). First-in-the-nation automatic sealing of certain misdemeanors and non-conviction records after 10 conviction-free years.
  • Act 83 of 2020 (Clean Slate 2.0). Allowed sealing even when court fines and costs remain unpaid — previously, an unpaid balance defeated automatic sealing.
  • Act 36 of 2023 (Clean Slate 3.0). Extended automatic sealing to certain less-serious drug felonies and shortened the misdemeanor wait period from 10 years to 7 years; summary offense wait period dropped to 5 years.

What 3.0 changed

Three things, ranked by who benefits:

  • Drug felony expansion. Certain less-serious drug felonies now eligible for automatic Limited Access. The specific list is in the statute — possession-of-substance offenses qualify; possession-with-intent-to-deliver and trafficking-class offenses do not.
  • Misdemeanor wait shortened to 7 years. Previously 10 years. The clock runs from the latest of: completion of sentence, end of probation, or final restitution payment.
  • Summary offense wait shortened to 5 years. Pennsylvania's summary offenses (lower than misdemeanors — disorderly conduct, certain low-level theft) drop to a 5-year wait.

What stays excluded

Even under 3.0, the categorical exclusions remain:

  • Sex offenses requiring registration.
  • F1 / F2 violent felonies.
  • Offenses against family members under specific PA statutes.
  • Conviction histories with 4+ felonies in the lookback window (Pennsylvania's “limited access” framework excludes high-volume records).

How automatic sealing works in PA

The Administrative Office of Pennsylvania Courts (AOPC) transmits eligible records to the Pennsylvania State Police on a monthly basis. PSP marks the records as Limited Access in the criminal history database, which means:

  • The record does not appear on consumer-facing background checks pulled from PSP.
  • Law enforcement, courts, and certain professional licensing boards retain access.
  • The record is sealed but not destroyed — Pennsylvania's framework is “Limited Access,” not full expungement.

See the professional licensing pillar for what the FBI-fingerprint two-tier visibility model means for nursing, real estate, CDL, and similar licenses.

Petition pathway (still available)

Records that don't qualify for automatic sealing under 3.0 may still qualify for petition-based limited access or expungement under Pennsylvania's pre-Clean-Slate framework. Petitions are filed in the Court of Common Pleas of the county of conviction. Filing fees vary by county; check with the court clerk.

Common gotchas

  • A new conviction resets the clock. Any new conviction during the 7-year (or 5-year) window restarts the wait. The clock is conviction-free continuous time.
  • Out-of-state convictions count. An out-of-state record discovered during the AOPC review defeats automatic sealing.
  • “Sealed” isn't “erased.” Limited Access removes the public-facing flag but the underlying record still exists. Law enforcement, courts, and certain regulators retain access.
  • Implementation lag.AOPC processes monthly batches. If your record meets the criteria but isn't showing as sealed yet, the most likely cause is the next batch hasn't run.

Sources

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