Expungement & Record Sealing in Pennsylvania
A criminal record can follow you long after a case ends. Even arrests that did not result in conviction may continue to appear on background checks, affecting employment, housing, professional licensing, and educational opportunities. For many people in Pittsburgh, the consequences of a past charge are more damaging than the penalties imposed by the court itself.
Pennsylvania law provides pathways to limit or remove criminal records through expungement and record sealing. These remedies are not automatic, and eligibility depends on the outcome of the case, the nature of the offense, and the individual’s history.
At Frank Walker Law, we help clients throughout Pittsburgh and Western Pennsylvania determine whether they qualify for record clearing and guide them through the process from start to finish.
The Difference Between Expungement and Record Sealing
Although often discussed together, expungement and record sealing are not the same.
Expungement
Expungement permanently removes a criminal record from public access. Once expunged, the record should no longer appear in background checks conducted by employers or landlords.
Record Sealing (Limited Access)
Record sealing restricts public access to a criminal record but does not erase it entirely. Law enforcement and certain government agencies may still access sealed records under limited circumstances.
Understanding which option applies is critical before taking action.
When Expungement Is Available in Pennsylvania
Pennsylvania law allows expungement in limited circumstances, including:
Cases that did not result in conviction
Charges that were withdrawn or dismissed
Certain summary offenses after a waiting period
Cases where the defendant was acquitted
Deceased individuals’ records (through estate action)
Eligibility is strict, and even minor errors in filing can result in denial.
Record Sealing Under Clean Slate Laws
Pennsylvania’s Clean Slate Act expanded access to record sealing for many individuals. Some records may be sealed automatically after a waiting period, while others require a formal petition.
Record sealing may be available for:
Certain misdemeanor convictions
Non-conviction records
Older cases with no subsequent offenses
However, not all offenses qualify, particularly violent crimes and certain drug or firearm offenses.
Why Record Clearing Matters
A criminal record—even without a conviction—can affect:
Job applications
Housing approvals
Professional licenses
College admissions
Military eligibility
Many employers conduct background checks that do not distinguish between arrests and convictions. Clearing eligible records can open doors that were previously closed.
Expungement After DUI or Drug Charges
Some DUI and drug charge cases may qualify for expungement or sealing, particularly when charges were dismissed or resolved through diversionary programs such as ARD.
Timing is critical. Filing too early or incorrectly can delay or prevent relief.
The Petition Process
Expungement and record sealing are not automatic in most cases. The process generally involves:
Reviewing eligibility
Preparing and filing petitions
Serving required agencies
Responding to objections
Appearing in court if necessary
Prosecutors may oppose petitions, particularly in cases involving prior offenses.
Common Mistakes People Make
Individuals often harm their chances by:
Assuming records are automatically cleared
Filing incorrect or incomplete petitions
Misunderstanding eligibility requirements
Overlooking older or out-of-county cases
Legal guidance helps avoid these pitfalls.
Pittsburgh Courts and Record Clearing
Record clearing procedures vary by county. Allegheny County courts have specific filing requirements and timelines that must be followed precisely.
Speak With a Pittsburgh Criminal Defense Lawyer About Expungement
A past case should not define your future.
Contact Frank Walker Law for a confidential consultation.
We help clients throughout Pittsburgh and Western Pennsylvania pursue expungement and record sealing to move forward with confidence.
FAQs
Is expungement automatic in Pennsylvania?
No, most cases require a formal petition.
Can dismissed charges be expunged?
Yes, many non-conviction records are eligible.
Does record sealing erase a criminal record?
No, it limits public access but does not delete the record.
Can DUI cases be expunged?
Some may qualify depending on outcome and timing.
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