How to Get a Misdemeanor Expunged in PA: Eligibility and Filing

In Pennsylvania, a misdemeanor conviction usually cannot be fully expunged. To get a misdemeanor expunged in PA in the true sense of erasing the record, you generally need one of four things: the case ended without a conviction, you completed ARD, you received a gubernatorial pardon, or you are at least 70 and have gone ten years without a new arrest. For an actual conviction that doesn’t fit those categories, the realistic remedy is sealing, called limited access, which hides the record from employers, landlords, and the public but keeps it visible to law enforcement and the courts. Pennsylvania offers two routes to sealing: automatic Clean Slate sealing and a petition filed with the court.

When Full Expungement Is Actually Available

Pennsylvania’s expungement statute, 18 Pa.C.S. § 9122, lists the narrow situations where a criminal record can be destroyed rather than sealed.

Dismissed Charges, Withdrawals, and Acquittals

If your charges were dismissed, withdrawn, or you were found not guilty at trial, the record is eligible for full expungement. For acquittals, the statute requires expungement to happen within 12 months of the verdict.¹ Cases where no disposition was recorded within 18 months of arrest also qualify, once the court certifies that no action is pending.

ARD Completion

Accelerated Rehabilitative Disposition is a pre-trial diversion program for first-time, non-violent offenders. If you completed ARD, your record is eligible for full expungement. ARD records involving certain sexual offenses against minors are the major exception and cannot be expunged.¹

Age 70 with Ten Years Clean

A person who is at least 70 years old and has gone ten years since final release from confinement or supervision, without any new arrest or prosecution, can petition to fully expunge a conviction.¹ Outside of a pardon, this is the only way to erase a misdemeanor conviction entirely.

Summary Offenses

Summary offenses, the lowest level of charge in Pennsylvania, become eligible for full expungement five years after conviction, provided you stay free from arrest or prosecution during that time.¹

Automatic Sealing Under Clean Slate

Under 18 Pa.C.S. § 9122.2, some records are sealed automatically without any petition or court appearance. Second- and third-degree misdemeanor convictions qualify once you have been free from conviction for seven years for any offense carrying a year or more of prison time, and all court-ordered restitution has been paid.²

Charges that ended in something other than a conviction, such as dismissals or withdrawals, are also sealed automatically. So are summary offense convictions after five years, again provided restitution is paid.²

Clean Slate does not cover first-degree misdemeanors. Those require a petition.

Petitioning the Court for Limited Access

If your misdemeanor does not qualify for automatic sealing, or you want to seal a first-degree misdemeanor, you can petition under 18 Pa.C.S. § 9122.1. This statute covers qualifying misdemeanors and ungraded offenses with a maximum penalty of no more than five years. First-degree misdemeanors, which carry a five-year maximum, fit within it.

You must have been free from conviction for seven years for any offense punishable by a year or more of imprisonment, and you must have paid all court-ordered restitution.³

Several categories of misdemeanors are excluded from limited access entirely:

Offenses involving danger to a person, with a narrow exception for terroristic threats
Offenses against the family
Charges involving firearms or other dangerous articles
Offenses requiring sex offender registration
Corruption of minors under Section 6301(a)(1)

You are also ineligible if you have ever been convicted of murder, a first-degree felony, or an offense carrying 20 or more years of imprisonment.³

Documents to Gather Before You File

You need two things before you start filling out a petition: your official criminal history and your case docket sheet.

Order your Pennsylvania criminal history from the State Police using Form SP 4-170, “Request for Individual Access and Review.” Mail it with a copy of your government-issued photo ID and a certified check or money order for $20 payable to the Commonwealth of Pennsylvania.⁴ The report must be obtained within 60 days before filing.⁵

Get your docket sheet from the county courthouse where the case was handled. It shows every detail of the arrest, charges, and disposition. Pennsylvania’s Unified Judicial System web portal has many of these online, and the Clerk of Courts can provide a copy directly.

For the petition itself, use the form required by the Pennsylvania Rules of Criminal Procedure. Rule 490 governs summary case expungements; Rule 790 covers all court cases, including misdemeanors and felonies.⁶ Blank forms are available from the county Clerk of Courts. Some counties use their own versions, so check with the county where the case was heard.

The petition asks for:

Your full name, date of birth, and any aliases
Your Offense Tracking Number (OTN) and court docket number
The date of arrest and the arresting agency
Each specific charge as it appears on the charging document
The disposition of each charge
Whether all fines, costs, and restitution have been paid
Your reasons for seeking expungement

Filing and Serving the District Attorney

File the completed petition with the Clerk of Courts in the county where the charges were handled. Attach your State Police criminal history and any supporting documents. Filing fees vary by county, so call ahead to confirm the amount. Some counties waive fees for people who can show financial hardship.

At the same time you file, you must serve a copy on the county District Attorney’s office.⁶ Deliver it in person or send it by certified mail so you have proof of delivery.

The DA’s Response and Any Hearing

The District Attorney has 30 days to consent, object, or take no action.⁶ If the DA consents or does not respond, the judge can sign the order without a hearing, which speeds things up considerably.

If the DA objects, expect a hearing. This is where most people benefit from a lawyer. The judge applies the balancing test from Commonwealth v. Wexler, weighing the Commonwealth’s interest in keeping the record against your interest in clearing it, and looking at factors like the strength of the original case, the time since arrest, your criminal history, and specific harm from the record.⁷ Bring concrete evidence of harm: job rejections, denied housing, licensing obstacles.

After the Order Is Signed

Once the judge signs the order, you receive an official expungement or limited access order, and the follow-through is on you. Send certified copies to every agency that holds the record, including the Pennsylvania State Police, county detectives, and the original arresting agency. Until those agencies update their databases, the old information may still surface in searches.

From filing to full record removal, the process usually takes six months to a year. Uncontested petitions move faster; contested cases and busy counties run longer.

Private Background Check Databases

A court order does not scrub commercial background check services. These companies collect and store criminal records independently. Under the Fair Credit Reporting Act, they must follow reasonable procedures to ensure maximum possible accuracy of their reports.⁸ In practice, once they know a record has been sealed or expunged they should stop reporting it, but they do not learn about every court order on their own.

If a background check still shows a sealed or expunged case, dispute the report with the screening company. Keep a certified copy of your order ready. If the company refuses to correct the report, the FCRA gives you the right to sue for damages.

The Pardon Route for Full Erasure of a Conviction

If your misdemeanor conviction doesn’t fit any of the expungement categories and you want the record gone rather than just hidden, you need a pardon from the Governor. An unconditional pardon makes the conviction eligible for full expungement.¹

Applications go to the Pennsylvania Board of Pardons. You submit the application with the required court documents, the Department of Corrections investigates and interviews you, the Board conducts a merit review to decide whether to grant a hearing, and if you clear that stage the Board holds a public hearing and votes. Only if the Board recommends clemency does the Governor make the final decision.⁹

The pardon process often takes well over a year, and approval is not guaranteed. If it is granted, the court and State Police are notified to expunge the record entirely, and you can lawfully say you were never arrested or convicted.⁹

A Note for Non-Citizens

A Pennsylvania expungement or limited access order does not erase a conviction for federal immigration purposes. USCIS uses its own definition: a conviction exists whenever a court or jury found you guilty, or you pleaded guilty, and the judge imposed some form of punishment, even if the record was later sealed or expunged for rehabilitation. A conviction vacated because of a constitutional defect in the original proceedings, such as a failure to advise of immigration consequences before a plea, may not count; a record cleared purely for rehabilitation still does.¹⁰ If immigration status is on the line, talk to an immigration attorney before relying on a state expungement.

1
Pennsylvania General Assembly. Pennsylvania Code 18 Pa.C.S. 9122 – Expungement
2
Pennsylvania General Assembly. Pennsylvania Code 18 Pa.C.S. 9122.2 – Clean Slate Limited Access
3
Pennsylvania General Assembly. Pennsylvania Code 18 Pa.C.S. 9122.1 – Petition for Limited Access
4
Commonwealth of Pennsylvania. Request a Criminal History Background Check
5
Pennsylvania Courts. Petition for Expungement Pursuant to Pa.R.Crim.P. 790
6
Pennsylvania Code and Bulletin. Rule 490 – Procedure for Obtaining Expungement in Summary Cases
7
Justia Law. Commonwealth v. Wexler – 1981 – Supreme Court of Pennsylvania
8
Office of the Law Revision Counsel. United States Code Title 15 Section 1681e – Compliance Procedures
9
Commonwealth of Pennsylvania. Clemency Process Overview – Board of Pardons
10
U.S. Citizenship and Immigration Services (USCIS). Policy Manual Volume 12, Part F, Chapter 2 – Adjudicative Factors