How the Clean Slate Can Help You

At Schatz & Stancu, we understand that a criminal record can cast a long shadow over your life—impacting everything from job opportunities to housing applications and educational pursuits. That’s why we’re committed to helping our clients understand one of the most important reforms in recent criminal-justice policy: the Clean Slate Act (also known as “Clean Slate”) in Pennsylvania.

What is the Clean Slate Act?

In Pennsylvania, the Clean Slate Act refers primarily to the law that began with Act 57 of 2018 (aka HB 1419) which created automatic sealing (or “limited access”) of certain criminal records without the need for individuals to file a petition. Here are the key features:

• For qualifying misdemeanor offenses (in particular, 2nd- or 3rd-degree misdemeanors punishable by 2 years or less) and summary offenses, if you’ve completed all court-ordered obligations and remain crime-free for the required waiting period, your record can be automatically shielded from public view.

• Charges that were not convicted (i.e., dismissed, withdrawn, or not prosecuted) are eligible for immediate sealing under the law.

• The process is partially automated — the court system (through the Administrative Office of Pennsylvania Courts and the Pennsylvania State Police) identifies certain records that qualify and seals them.

• A “sealed” or “limited access” record means that the record will not show up on most public background checks (employers, landlords, etc.), though law enforcement or judicial actors may still have access.

  
  

In short: Clean Slate gives eligible Pennsylvanians a mechanism to let their past offenses stop defining their future, sometimes automatically.

Who is eligible (and who is not)?

Eligible

Some of the key eligibility criteria under the original Clean Slate law (and amendments) include:

• Convictions for misdemeanors of 2nd or 3rd degree, or misdemeanors punishable by 2 years or less in prison.

• Some felony convictions are eligible for sealing under Clean Slate.

• Summary offenses (low-level offenses) are eligible.

• Non-conviction records (charges dismissed, etc.) are eligible and may be sealed without waiting periods under certain conditions.

• The person must have completed all court-ordered obligations (fines, restitution, probation, etc.) and have remained free of new convictions for the applicable waiting period.

  
  

Not Eligible

There are also important exclusions and disqualifiers:

• Most felony convictions (under the original version) generally are not eligible for automatic sealing under Clean Slate.

• Offenses involving danger to persons, crimes against families, firearms offenses, certain sexual offenses and registration offenses, cruelty to animals, corruption of minors, etc., are generally excluded.

• A person with multiple qualifying offenses may become ineligible. For example, two or more offenses punishable by more than 2 years in prison, or four or more offenses punishable by 1 year or more may disqualify eligibility.

Waiting Periods

Under the original law:

• For misdemeanors and summary offenses: you must wait 10 years conviction-free before automatic sealing.

• For charges dismissed or non-convictions: sealing may be immediate (or shorter waiting period).

What’s new: The Expansion (Clean Slate 3.0)

Subsequent legislation has expanded eligibility and shortened waiting periods — frequently referred to as HB 689 or “Clean Slate 3.0”, enacted as Act 36 of 2023.

Key changes include:

• Some non-violent drug felonies and certain property-related felonies (theft, forgery, etc.) become eligible for sealing after 10 years conviction-free (with additional conditions) instead of being excluded altogether.

• Waiting period for misdemeanors reduced from 10 years to 7 years conviction-free.

• Summary convictions waiting period reduced to 5 years (in certain cases) before automatic sealing.

• Automatic sealing for new eligible records under the expansion begins June 11, 2024 for summary convictions.

Why this matters

• It expands opportunity for individuals with older felony convictions (non-violent) to have their records sealed — a major step.

• It shortens waiting times for many, which means earlier access to improved job/housing prospects.

• Pennsylvania remains one of the leading states in automatic seal/sealing models — with over 35 million records sealed in the first year.

Common Misconceptions & Important Caveats

• “Sealed” does not mean “expunged” (i.e., completely erased). Even after sealing under Clean Slate, the record remains accessible to law-enforcement, judicial and licensing agencies.

• Federal background checks, licensing, immigration, or gun-rights issues may still see the record, depending on laws. The Clean Slate law addresses state-level sealing, but does not by itself guarantee all rights restored.

• Automatic eligibility does not equal automatic outcome for every individual — backlogs, data-mismatches, or multiple offenses may complicate things.

• Even if your conviction is eligible under the expansion, you must meet the conviction-free waiting period and all obligations must be satisfied.

• Some records that are eligible may still require you to file a petition (especially under Act 5 “limited access” or for non-automatic cases).

• Sealing does not always restore all employment or licensing opportunities; some professions have restrictions that exceed the sealing law.

• The timing matters: For some changes (e.g., summary convictions automatic sealing after 5 yrs) the effective date is June 11 2024.

How Our Firm Can Help

Navigating the Clean Slate Act — especially with the recent expansions — can be complex. Here’s how we can assist:

1. Eligibility review — We’ll review your criminal history, determine whether your conviction(s), charge(s) or non-conviction(s) qualify under the Clean Slate Act (either original law or expansion).

2. Obligation status — We’ll confirm whether you’ve completed all court-ordered obligations (fines, restitution, probation/parole) which is essential for eligibility.

3. Waiting-period calculation — We’ll compute how long you’ve been conviction-free and when you hit waiting-period milestones (7 yrs, 10 yrs, etc.).

4. Check for automatic sealing vs petition requirement — Determine if your case will be processed automatically by the court system, or whether you’ll need to file a petition.

5. Assistance with petition (if required) — If your record is eligible only via petition (or you prefer sooner action), we can file for “limited access” or sealing petition through Clean Slate as necessary.

6. Addressing employer/licensing/record-cleanup issues — We’ll help you interpret how your sealed record may still impact certain rights and what steps you may take for full relief (such as expungement or pardon where possible).

7. Ongoing monitoring — We can help monitor when your record has been sealed in the system and assist if background-check agencies or employers still see it.

The Clean Slate Act in Pennsylvania represents a powerful tool for many folks with past low-level offenses to access a truly fresh start. But like all legal reforms, the details matter. Eligibility hinges on the offense type, waiting periods, obligations completed, and whether your record meets the newer expansion requirements.

If you believe you might qualify—or you’re unsure—we’re here to help you evaluate your record and advise on next steps. At Schatz & Stancu we’re committed to ensuring you understand your rights and opportunities and helping you move forward confidently.

Feel free to contact us at 267-544-0789 for a confidential consultation — let’s discuss your unique situation and how the Clean Slate law may benefit you.

Disclaimer: This blog post is provided for informational purposes only and does not constitute legal advice. For advice specific to your facts, you should consult with a qualified attorney.