A criminal record follows you in ways most people don’t fully appreciate until they’re staring at a job application with a background check box, trying to rent an apartment, or applying for a professional license. Something that happened years ago, maybe even decades ago, keeps showing up at the worst possible moments.
What many people don’t realize is that Pennsylvania law provides certain individuals a clear path to clearing that record entirely.
Expungement isn’t available to everyone, and the rules are more specific than most online summaries let on. But for people who qualify, it can be genuinely life-changing. At Kearney Law, we’ve helped clients clear records that were holding them back professionally and personally. Here’s what you actually need to know about expungement in Pennsylvania.
What Does Expungement Actually Do?
Expungement is a legal process that removes criminal record information from public databases. When a record is expunged in Pennsylvania, law enforcement agencies, the court system, and background check services must destroy or seal that information. For most practical purposes, it’s as if the arrest or charge never happened.
That matters because Pennsylvania does not have automatic expungement for most offenses. Unlike some states that have moved toward automatic record clearing, Pennsylvania requires you to petition the court. Nothing happens on its own. If you qualify and want your record cleared, you have to take action.
It’s also worth understanding what expungement does not do. It does not restore firearm rights lost due to a felony conviction. It does not automatically seal records held by federal agencies. And it does not apply to most adult felony convictions. Knowing the limits is just as important as knowing the opportunities.
Who Qualifies for Expungement in Pennsylvania?
Pennsylvania law lays out several categories of people eligible to petition for expungement. The rules differ depending on the nature of the charge and the outcome of the case.
Charges That Were Dismissed or Resulted in Acquittal
If you were arrested and charged but the charges were ultimately dismissed, withdrawn, or you were found not guilty at trial, you are generally eligible to have that arrest and charge expunged. Being arrested does not mean being guilty, but an arrest on your record can create the same practical barriers as a conviction if it’s never cleared.
Many people don’t realize their dismissed charges are still showing up on background checks. If charges against you were dropped or you were acquitted, it’s worth finding out what’s still on your record.
ARD Program Completions
Pennsylvania’s Accelerated Rehabilitative Disposition program, or ARD, is a pre-trial diversion program primarily used for first-time DUI offenders and certain other non-violent charges. If you completed ARD, you are eligible to have the underlying charges expunged from your record.
ARD expungements are among the most common we handle. A DUI arrest can affect employment, professional licenses, and security clearances for years. Completing ARD and then pursuing expungement closes that chapter in a meaningful way.
Summary Offense Convictions
For summary offenses, the least serious category of criminal charges in Pennsylvania, expungement is available if you have been free of arrest or prosecution for five years following the conviction and have paid all fines and costs.
Summary offenses include things like disorderly conduct and harassment. It’s important to note that standard traffic citations are not eligible for expungement. However, criminal citations that arise from a traffic incident, such as certain driving-related criminal charges, do fall under these rules and may qualify.
Five years is a long time to wait, but for people who picked up a summary charge years ago and have stayed out of trouble since, this is a real and achievable option. The five-year clock starts from the date of conviction, not the date of the offense.
Individuals Over 70 With No Recent Arrests
Pennsylvania law allows individuals who are 70 or older and have been free of arrest or prosecution for at least 10 years following their last conviction to petition for expungement. This provision recognizes that people who have genuinely moved on from past conduct deserve a path to a clean record, even for more serious offenses.
Individuals Who Have Been Deceased for Three Years
Pennsylvania also allows the record of a deceased individual to be expunged if they have been dead for at least three years. Family members sometimes pursue this to protect a loved one’s legacy or for estate-related purposes.
What About the Clean Slate Act?
Pennsylvania’s Clean Slate Act created a process for sealing certain criminal records, and it works in two ways: automatic sealing and attorney-filed petitions.
Under the automatic process, misdemeanor convictions of the second and third degree are sealed after 10 years if there are no new convictions during that period. Summary convictions are also sealed after 10 years. Sealed records are not destroyed, but they are hidden from most employers, landlords, and the general public. Law enforcement can still access them.
What many people don’t know is that attorneys can also petition the court directly for sealing under the Clean Slate Act without waiting for the automatic process to kick in. At Kearney Law, we file these petitions on behalf of clients who need relief sooner. If you have a record that may qualify for sealing and timing matters to your situation, this is worth exploring.
The key distinction between sealing and expungement is simple: sealing hides the record from public view, while expungement results in the record being destroyed entirely. For people who qualify for expungement, it remains the stronger outcome. An attorney can help you understand which path fits your situation and whether pursuing both makes sense.
How the Expungement Process Works
Filing for expungement in Pennsylvania involves petitioning the Court of Common Pleas in the county where the charges were filed. The petition must include specific information about the charges, the outcome of the case, and the legal basis for why expungement is appropriate.
One of the most important steps, and one that’s often overlooked, is how you work with the District Attorney’s office. At Kearney Law, we communicate directly with the DA when filing expungement petitions and actively seek to have them join in the petition or agree not to object. When the DA is on board, the process moves significantly faster. That matters because timing is often critical. Clients are frequently facing a background check, a professional licensing deadline, a job offer, a school application, or a landlord’s decision that won’t wait months for the courts to catch up.
Here Is a General Overview of the Steps Involved:
- Obtain a copy of your criminal record to identify all charges and their dispositions.
- Determine which charges qualify for expungement under Pennsylvania law.
- File a petition in the Court of Common Pleas in the appropriate county.
- Communicate directly with the District Attorney’s office and seek their agreement not to object or to join the petition.
- Attend a hearing if one is scheduled or if the DA raises objections.
- If granted, the court order is sent to all relevant agencies to destroy or seal the records.
The timeline varies by county and by how the DA responds. Uncontested petitions move faster. That’s why proactive communication with the DA’s office, not just serving them with paperwork and waiting, is one of the most meaningful things an attorney can do to move your case forward.
Ready to Clear Your Record? Kearney Law Can Help.
A criminal record is not always permanent, but clearing it doesn’t happen on its own. If you have arrests, dismissed charges, or convictions that may qualify for expungement or sealing in Pennsylvania, the best first step is talking to an attorney who knows this process and can give you an honest assessment of your options.
Kearney Law handles expungements and Clean Slate petitions throughout York, Adams, Lancaster, Cumberland, Dauphin, and surrounding counties. We’ve spent years on both sides of the criminal justice system in Central Pennsylvania, and we understand how records affect people’s lives long after a case is closed.
Your first consultation is free. Call us at 717-668-8159. Don’t wait on this one.
