In Pennsylvania, there are three main remedies for individuals with criminal records:
1) Expungement: Expungement is the process of clearing criminal records as if you were never charged with a crime, as long as you satisfy the requirement under Pennsylvania law.
A. For more information on expungement, please refer to our blog How Do I Get My Criminal Records Expunged in Pennsylvania?
2) Clean Slate Limited Access (“CSLA”): Clean Slate Law seals records after a specific period of time, but it does not expunge them. Law enforcement and judicial officers can still access the records, but you would not be required by federal law to disclose sealed records to potential employers or anyone else.
A. Arrest: arrests without conviction always get automatically sealed under CSLA.
B. Second- and third-degree misdemeanors, and misdemeanors punishable by two years or less in prison, Summary convictions are eligible for CSLA.
C. The following offenses and convictions are not eligible for CSLA:
a. Crimes involving danger to people, against families, Firearm 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.
b. 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.
3) Limited Access (“LA”): This is a court order that prohibits disclosing your criminal records in most cases as long as you pay both restitution and any previously authorized fee. LA is discretionary for the court, and the court typically uses a balancing test to grant it. Similar to CSLA, law enforcement and judicial officers can still access the records because it does not expunge them.
A. Arrest without conviction never gets Limited Access.
B. Ungraded Felonies punishable by less than 5 years.
C. Most first-degree Misdemeanor convictions can get Limited Access as long as they do not involve violence, sex, or guns. Limited Access is the most typical relief for first-degree Misdemeanors.
If you want to expunge, seal, or limit access to your criminal records, contact Shintia Z. Riva, Esq. at 610-521-0604.
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