To get your criminal record expunged in Philadelphia, you file a petition with the Clerk of Courts in the Criminal Division of the Court of Common Pleas, serve a copy on the District Attorney, and wait for the court to rule. Whether you qualify depends on how your case ended and how much time has passed. Some records are destroyed through expungement; others only qualify for sealing under Pennsylvania’s Clean Slate law, which hides them from most background checks without erasing them. From petition to final order, the Philadelphia process typically runs 18 to 24 months.
Records That Qualify for Full Expungement
Expungement means the record is destroyed, not just hidden. In Pennsylvania, these records are eligible:
- Any arrest that ended without a conviction, including charges that were dismissed, withdrawn, or resulted in a not-guilty verdict. If a case has sat for 18 months with no disposition recorded and no action pending, the court can certify it for expungement.
- Summary offense convictions, once you have gone five years without a new arrest or prosecution.
- Arrest records after successful completion of an Accelerated Rehabilitative Disposition (ARD) program. When the judge dismisses the charges, expungement is supposed to be ordered at the same time. The DA has 30 days to object, but it is essentially automatic on dismissal.
- Underage purchase or possession of alcohol convictions, once you are 21 or older and have completed your full sentence, including any license suspension.
- Any offense covered by an unconditional pardon from the Governor.
- Any record once you have reached age 70 and gone at least 10 years since your final release from supervision without a new arrest or prosecution.
The statute carves out one important exception in the ARD category: if the ARD offense was a sex offense involving a victim under 18, the court cannot order expungement.
What Clean Slate Seals Automatically
Pennsylvania’s Clean Slate law seals qualifying records without any filing on your part. Sealed records do not appear on most background checks, but they remain accessible to law enforcement, courts, and certain licensing agencies. The categories that seal automatically:
- Non-conviction records: charges that ended in dismissal, withdrawal, or acquittal.
- Second- and third-degree misdemeanor convictions, after seven years without a new conviction for any offense carrying a year or more of prison time, provided all court-ordered restitution has been paid.
- Summary offense convictions, after five years, again provided all restitution is paid.
The seven-year misdemeanor window reflects the current statute after Clean Slate expansions. Older guides may still reference the original 10-year period.
Sealing is weaker than expungement. A sealed record still exists and can resurface for law enforcement inquiries, certain professional license applications, and firearms background checks. If you qualify for full expungement, that is the stronger remedy and worth pursuing even if sealing would happen on its own.
Petition-Based Sealing for Convictions
Some convictions that do not seal automatically can be sealed by petition, a process formally called “limited access.” You file with the Court of Common Pleas. Two categories qualify:
- Qualifying misdemeanors and ungraded offenses with a maximum sentence of five years or less, after seven conviction-free years. All court-ordered restitution and the limited-access fee must be paid.
- Certain third-degree felonies, after 10 years without a new conviction. Eligible categories include criminal mischief, criminal trespass, theft-related offenses, and forgery or fraud offenses. First- and second-degree felonies are excluded.
The court notifies the DA, who has 30 days to object. Without an objection and with all requirements met, the court can grant the petition without a hearing.
What Cannot Be Expunged or Sealed
This is where filing fees get wasted. The main ineligible categories:
- Most felony convictions. First- and second-degree felonies cannot be sealed under Clean Slate or the petition process. Only a narrow set of third-degree felonies qualifies for petition-based sealing, and none qualify for automatic sealing.
- ARD cases involving sex offenses with a victim under 18, including rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, indecent assault, indecent exposure, and prostitution-related offenses.
- Any case where charges are still pending, probation is ongoing, or restitution remains unpaid.
If your conviction falls in one of these categories, the pardon route is generally the only path to clearing it.
Preparing Your Petition
Start by ordering your Pennsylvania State Police criminal history report using Form SP 4-170. The fee is $20, paid by certified check or money order to the Commonwealth of Pennsylvania, and you must include a copy of your government-issued photo ID. The report has to be dated within 60 days of the day you file, so do not order it too early.
Choosing the Right Form
Pennsylvania uses two petition forms depending on the type of case:
- Summary cases use the petition under Rule 490. You will need the magisterial district court number, the docket number, the specific charges as they appear on the original charging document, the disposition, and confirmation that all fines and restitution have been paid.
- Court cases (misdemeanors and felonies) use the petition under Rule 790. This one requires the Court of Common Pleas or Philadelphia Municipal Court docket number and the offense tracking number (OTN) in addition to everything above.
Both forms ask for your name and any aliases, date of birth, social security number, a signed verification that everything is true, and the name and address of the judge who handled the case.
Common Mistakes
List the specific charges exactly as they appear on the original charging document. Paraphrasing or shorthand causes delays. If you have multiple cases across different docket numbers, each one needs its own petition. Forgetting to attach the criminal history report is probably the most common reason a petition gets kicked back at the filing window.
Where to File
For adult cases, file with the Clerk of Courts in the Criminal Division of the Philadelphia Court of Common Pleas at the Justice Juanita Kidd Stout Center for Criminal Justice, 1301 Filbert Street, Room 206. The filing fee for expungement is $15.
For juvenile records, file with the Juvenile Branch of the Family Division at 1501 Arch Street, 11th floor.
Bring at least three copies of your completed petition and supporting documents: one for the court, one for the District Attorney’s Office, and one for you. A copy must be served on the DA at the same time you file with the court.
How the Philadelphia DA Handles These Petitions
The Philadelphia DA’s published expungement policy is more favorable to petitioners than many expect. The office will agree to expunge all acquittals, summary convictions that legally qualify, and cases where you completed a diversionary program such as ARD. It will also agree to expunge dismissed and nolle prossed cases, with limited exceptions for allegations involving domestic violence or sexual assault, where the assigned prosecutor decides case by case.
The office says it will not oppose expungement simply because you have been denied before or because you still owe fines and costs, unless there is strong evidence you can pay and are refusing. When the DA consents, the court can grant the petition without a hearing, which shortens the timeline considerably.
Timeline and What Happens After You File
After filing, the DA has 30 days to respond for summary cases or 60 days for court cases. The DA can consent, object, or take no action. The judge then rules or schedules a hearing. Philadelphia often schedules hearings even without an objection, so plan to appear.
The full process from filing to final order typically takes 18 to 24 months in Philadelphia. That accounts for the DA’s review period, hearing scheduling, and court backlog. Once the judge signs the expungement order, copies go to the Pennsylvania State Police, local police departments, and the Administrative Office of Pennsylvania Courts, directing them to destroy or seal the specified records. Agencies can take several additional months to actually process the order.
If Your Petition Is Denied
A denial is not necessarily the end. If the court made a legal or procedural error, you have 30 days to appeal to a higher court under the expungement rules. If the denial was based on something fixable, such as unpaid restitution or an incomplete waiting period, you can refile once the issue is resolved. Refiling after the waiting period runs or after outstanding obligations are paid is common and generally successful.
Confirming the Record Is Actually Cleared
An expungement order does not make your record disappear overnight. Verify that every agency named in the order has processed it. Get a certified copy of the expungement order from the Clerk of Courts. Then confirm with the Pennsylvania State Police, the Administrative Office of Pennsylvania Courts, and local police departments that your record is gone from their systems.
Private background-check databases are a separate problem. Tenant-screening and employment-check companies pull from multiple sources and may retain old data after the official record is gone. Federal law requires them to follow reasonable procedures for accuracy, but courts have held that a company’s failure to discover an expungement does not automatically violate those rules if the company lacked access to the expungement information. Run a background check on yourself after confirming the government databases are clear. If old records still show up, dispute the inaccuracy in writing with the background-check company and include a copy of your certified expungement order.
Free Legal Help in Philadelphia
You do not necessarily need to hire an attorney. Two Philadelphia organizations provide free help:
- Community Legal Services (CLS) offers criminal record expungement help as part of its legal services for low-income Philadelphians.
- Philadelphia Lawyers for Social Equity (PLSE) focuses specifically on expungement representation and has handled thousands of cases in the city.
Private attorneys charge anywhere from a few hundred to several thousand dollars depending on complexity and the number of records involved. Straightforward summary-offense expungements are on the lower end; multi-case or contested petitions cost more.
When Expungement Isn’t Available: The Pardon Path
If your conviction does not qualify for expungement or sealing, applying for a pardon through the Pennsylvania Board of Pardons is the main alternative. A pardon from the Governor results in full expungement of the pardoned offense, and afterward you can legally answer “no” when asked whether you have been arrested or convicted for that offense.
The process is longer than a standard expungement. You submit an application, the Department of Corrections investigates, and the Board conducts a merit review to decide whether to grant a hearing. If the Board recommends a pardon after a public hearing, the Governor makes the final decision. This can take a year or more, and approval is not guaranteed, but for serious convictions with no other path, it is the only option.