A criminal record can follow you for years, affecting employment opportunities, housing applications, professional licenses, and your reputation in the community. While many people have heard of expungement, Pennsylvania also offers record sealing through a process called limited access, which provides similar benefits for certain offenses that do not qualify for full expungement.
The criminal defense attorneys at Rubin, Glickman, Steinberg & Gifford have helped Pennsylvania residents clear their criminal records for over 65 years. We understand the differences between expungement and sealing, which option may be available for your specific charges, and how to navigate the petition process successfully.
Understanding the Difference Between Expungement and Sealing
Expungement completely erases your criminal record as if the arrest and charges never occurred. Once a record is expunged, law enforcement agencies, courts, and other government entities must destroy or remove all information related to the case. You can legally deny that the arrest or charges ever happened on most applications, and the record will not appear on background checks.
Record sealing, known as limited access in Pennsylvania, restricts who can view your criminal record rather than destroying it entirely. When a record is sealed, it remains in the system but becomes inaccessible to most employers, landlords, and the general public conducting background checks. However, certain government agencies, law enforcement, and courts can still access sealed records for specific purposes.
Pennsylvania’s Clean Slate Law, which took effect in 2018 and was expanded in 2019, automated the sealing process for many eligible offenses. This means qualifying records may be automatically sealed after you meet certain requirements, without you needing to file a petition. However, many offenses still require you to petition the court for limited access relief.
Offenses Eligible for Record Sealing
Pennsylvania law allows record sealing for certain misdemeanor and felony convictions that do not qualify for expungement. Second and third-degree misdemeanors may become eligible for sealing 7 years after you complete all conditions of your sentence, including probation, parole, fines, and restitution. First-degree misdemeanors require a 10-year waiting period and full completion of sentencing requirements.
Certain third-degree felonies may qualify for sealing after 10 years if they meet specific criteria. The offense must carry a maximum sentence of seven years or less, and you must have completed all sentencing conditions and remained free from conviction for any offense punishable by more than one year in prison during the waiting period.
Summary offenses, Pennsylvania’s least serious criminal classification, become eligible for automatic sealing after 10 years if you remain conviction-free during that period. The Clean Slate Law automatically seals these records without requiring you to file a petition, though the process can take time as courts work through backlogs of eligible cases.
Some offenses are never eligible for sealing or expungement in Pennsylvania. These include:
- First and second-degree felonies
- Murder and other serious violent crimes
- Sexual offenses requiring Megan’s Law registration
- Offenses involving firearms or dangerous weapons
- Cruelty to animals convictions
- Four or more offenses punishable by more than one year in prison
Understanding which category your conviction falls into is essential for determining whether sealing or expungement may be available.
The Limited Access Petition Process
For offenses not automatically sealed under the Clean Slate Law, you must file a petition for limited access in the court where you were convicted. This petition demonstrates that you meet all eligibility requirements and explains why sealing your record serves the interests of justice. The process begins with obtaining certified copies of your complete criminal record from the Pennsylvania State Police to verify your eligibility and identify all cases requiring petitions.
Your petition must include specific information about the offense, conviction date, sentence completion date, and reasons you seek limited access relief. You must serve copies of your petition on the district attorney’s office, which has the opportunity to object. District attorneys frequently oppose limited access petitions, particularly for more serious offenses, arguing that the public has legitimate interests in accessing criminal history information.
The court schedules a hearing on your petition, where you may need to testify about your rehabilitation, employment history, community ties, and why sealing your record is appropriate. The judge weighs your interests in having a clean record against society’s interest in maintaining accessible criminal records. Factors courts consider include the nature and circumstances of your offense, your behavior since conviction, your employment and family situation, and any hardships the criminal record causes.
If the judge grants your petition, the court issues an order directing criminal justice agencies to seal the record. This process takes several weeks or months as agencies update their databases. Once complete, the sealed record will not appear on most background checks, though certain government agencies and law enforcement can still access it.
Automatic Sealing Under Clean Slate
Pennsylvania’s Clean Slate Law automatically seals eligible summary offenses and certain misdemeanors after the required waiting period passes without you filing a petition. This automation helps people who may not know sealing is available or cannot afford to hire attorneys to file petitions. However, the automatic process only applies to specific offense types.
Eligible offenses for automatic sealing include summary offenses after 10 years, second and third-degree misdemeanors punishable by two years or less after 10 years, and charges resulting in not guilty verdicts, withdrawal, or dismissal after they remain on your record for 60 days. The Clean Slate system runs quarterly, reviewing records to identify newly eligible cases for automatic sealing.
Even if your offense qualifies for automatic sealing, delays in the system mean your record may remain visible for months or years after you become eligible. If you need your record sealed urgently for employment or other opportunities, filing a manual petition may be faster than waiting for automatic processing. An attorney can advise whether automatic sealing will eventually occur and whether filing a petition makes sense in your situation.
Automatic sealing does not apply to many offenses that still require manual petitions, including most first-degree misdemeanors and all felonies eligible for limited access. You should not assume your record will be automatically sealed without verifying your specific offense qualifies for this process.
Benefits and Limitations of Sealed Records
When your record is sealed through limited access, most private employers, landlords, schools, and licensing boards cannot access the information during background checks. You can legally state you were not convicted of the sealed offense on most employment and housing applications. This significantly improves your opportunities for employment, housing, and moving forward with your life.
However, sealed records remain accessible to certain entities. Law enforcement can view sealed records during criminal investigations. Courts can access them for sentencing purposes in future criminal cases. Some government agencies reviewing applications for sensitive positions or security clearances can see sealed records. Certain professional licensing boards may also retain access depending on the profession.
Sealed records can still be used against you in future criminal proceedings if you face new charges. Prosecutors can access sealed convictions to argue for enhanced penalties, and judges can consider them during sentencing. This means sealed records provide limited protection if you face future criminal charges.
Understanding these limitations helps you make informed decisions about employment, licensing applications, and other situations where you must disclose criminal history. An attorney can advise how to handle specific disclosure requirements given your sealed record.
Contact Rubin, Glickman, Steinberg & Gifford About Sealing Your Record
If you have a criminal record affecting your life opportunities, you may be eligible to have it sealed through limited access or expunged entirely. The criminal defense team at Rubin, Glickman, Steinberg & Gifford is the largest criminal defense firm in Montgomery and Bucks counties, with extensive experience helping clients clear their records. We analyze your complete criminal history, determine which relief options may be available, and guide you through the petition process.
Our attorneys understand Pennsylvania’s complex expungement and sealing laws and stay current on Clean Slate developments and court interpretations. We prepare thorough petitions, respond to district attorney objections, and advocate effectively at hearings to maximize your chances of success. Contact our office today for a free consultation about sealing or expunging your Pennsylvania criminal record.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
December 15, 2025
