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1. What is Clean Slate?

• On June 28, 2018 Governor Tom Wolf signed Act 56 of 2018, a free statewide initiative that automatically seals records for criminal charges that have been dropped, for non-convictions and for minor convictions more than 10 years old if individuals have remained arrest free. It went into effect June 28, 2019. 
• From June 28, 2019 through June 28, 2020, the AOPC and Pennsylvania State Police will identify and complete processing of the backlog of previous records eligible for Clean Slate limited access. In Chester County, records will be sealed every 2 weeks.
• If you do not wish to wait for your case to be sealed automatically under Clean Slate during the backlog, you may still petition the court for limited access. Once an order granting the case to be sealed is signed by a judge, the case will be designated as Limited Access and sealed.
• After June 28, 2020, current records will be sealed once a month as they become eligible.
• Clean Slate expands on Act 5 of 2016, Petition and Order for Limited Access, by providing the public an alternative method of sealing criminal records from public view. Through Clean Slate, individuals no longer need to file petitions with the Court to have their criminal records sealed. 
• Clean Slate and Limited Access are NOT expungements, and records will still be accessible to law enforcement and judicial officers.

2. Who is eligible?

• Individuals convicted of the following offenses are eligible for Clean Slate if they have been crime free for 10 years since conviction, have completed all court-ordered obligations, and have paid all fines/costs/restitution in full:
  • Second and third degree misdemeanors (M-2/M-3) punishable by two years or less in prison
  • Summary Convictions
• Additionally, non-conviction offenses/cases will be sealed automatically after 60 days.
  • Non-Convictions
    • Not Guilty, Withdrawn, Dismissed, Nolle Prossed, etc.
    • ARD & Drug Court Diversionary Programs

3. Who is NOT eligible?

• Individuals convicted on the following offenses are not eligible for Clean Slate:
  • Felonies
  • Two or more offenses punishable by more than two years in prison
  • Four or more offenses punishable by one or more years in prison
• Other offenses not eligible include: Crimes involving danger to persons, crimes against families, firearms offenses, indecent exposure, sexual intercourse with animals, failure to register upon conviction of certain sexual offenses, weapons or implements for escape, abuse of a corpse and unlawful paramilitary training, etc. (for full list of ineligible offense, visit the AOPC website).

4. Who can see my record even after it's been sealed?

• A criminal justice agency
• A state licensing agency for use only if your criminal record is relevant to the issuance of a professional or occupational license.
• The PA Department of Human Services and county children and youth agencies where it is relevant to their duties related to child protective services.
• Examples
  • Your sealed records may be seen for law enforcement purposes (police, prosecutors and criminal courts) if you subsequently commit a crime after the sealing of your record.
  • Other court cases (dependency, custody, or protection from abuse cases).
  • If you apply for jobs that require a FBI background check, such as; schools, police departments, jobs that require regular contact with children, caring for older adults if you moved to PA in the last 2 years, banks, casinos, insurance and securities industries, airports and seaports if working as a screener, foster care and adoption.
  • Certain limited situations such as applications for gun ownership, immigration, international travel and admission to the bar to be a lawyer.

5. Am I obligated to disclose my arrest record to employers if it has been sealed under Clean Slate/Limited Access?

No. You are not obligated to disclose any information if your record has been sealed. Similarly, the court and its employees may not disclose any sealed information to the public or employers checking for criminal backgrounds.

6. Can I file a petition for limited access if my case is not eligible for Clean Slate?

Yes. While some offenses may not be eligible for Clean Slate (automated sealing), some offenses, mainly some M1s, may still be eligible to be sealed through filing a petition in the Court of Common Pleas through the Clerk of Courts Office. A judge will then review the petition and decide whether to grant or deny said petition through an order. If granted, the eligible offenses will be sealed.

Example: If convicted of a first degree misdemeanor (M-1) Retail Theft, that charge will not be eligible for automatic sealing because first degree misdemeanors are not included under Clean Slate. However, the charge may be sealed by court petition for limited access under Act 5 of 2016 and ordered by a court judge. 

7. Can I file a petition for expungement even if my case has been sealed under Clean Slate?

Absolutely! If your record is eligible to be expunged under current Pennsylvania law, you can continue to file for expungement even after Clean Slate goes into effect. Clean Slate/Limited Access merely shields the public and potential employers from seeing your criminal record, but it does not destroy the record. Expungement is the only mechanism to permanently and completely remove criminal history record information. Petitioning for expungement greatly increases the possibility that your past doesn’t harm your future!

Note: you can generally seek expungement for cases in which you were not convicted (e.g. charges were dismissed, withdrawn, nolle prossed (never processed), or you were found “not guilty”), diversion cases like ARD where you have completed your sentence, and summary convictions after five years without arrest.

8. How will I know if my case has been sealed under Clean Slate?

Individuals will not be notified that their case has been sealed. You may look up your case on the AOPC website. Cases that have been fully sealed will come back as a “No Cases Found” search result. Cases that have been partially sealed will only display offenses that were not eligible for Clean Slate. For more information, visit the criminal filing office at the Chester County Clerk of Courts Office.

9. What proof can be provided to show that my case has been sealed?

All requests for case file information must be made at the Court of Common Pleas. As a case primary participant (i.e. Defendant) you may request proof that the entire case, or part of a case, has been sealed. There is no charge for this. You will need proof of your identity. The Clerk of Courts may provide a report listing all offenses that have been sealed and a copy of the Administrative Docket (i.e. Order) under which the offenses were sealed.

10. What if my case was not sealed?

If you believe your case should have been sealed under Clean Slate but hasn’t, here are a few reasons:

• You are still in the backlog of cases to be completed by June 28, 2020
• System Errors – Cases missing the following information may not have been sealed:
  • Offenses without a grading
  • OTN (Original Tracking Number)
  • Final Disposition
• Case Not Yet Eligible – if the offense(s) don’t yet meet the criteria as stated prior, they will be denied sealing.
• You may contact the Clerk of Courts for more information.

For more information, contact the Clerk of Courts office at 610-344-6135