how to find a lawyer for clean slate bill in pennsylvannia

by Justus Murazik 10 min read

If you’re interested in cleaning up your record, call us today at (717) 275-9770, or reach out via the online form to schedule a free situation with one of our criminal defense lawyers. What is Pennsylvania’s Clean Slate Act? The clean slate law expands access to the process of sealing criminal records.

Full Answer

What is the Clean Slate law in PA?

What is the Clean Slate Law in PA? Pennsylvania Governor Wolf signed the “Clean Slate” Bill on June 28, 2018. Clean Slate allows minor, non-violent cases to be automatically sealed from public records after time has passed without a felony conviction or a misdemeanor.

What is the “Clean Slate” bill?

Pennsylvania Governor Wolf signed the “Clean Slate” Bill on June 28, 2018. Clean Slate allows minor, non-violent cases to be automatically sealed from public records after time has passed without a felony conviction or a misdemeanor. If playback doesn't begin shortly, try restarting your device.

How do I file a clean slate petition?

As previously mentioned, in order for your Clean Slate petition to be considered, you must file it in the court where the case was heard. It’s important to know that each court has its own system for filing Clean Slate petitions, and each may have a different fee associated with the filing.

What is clean slate and how does it affect my case?

Since Clean Slate took effect on June 28, Pennsylvania courts have been sealing cases on a scale never seen before. These cases are identified and sealed through an automated process, without any hearing in court or any extra fees.

How does the Clean Slate law work in PA?

Under Clean Slate, criminal history record information pertaining to eligible criminal and summary records, and non-conviction records will be automatically shielded from public view when individuals have been free from conviction of offenses punishable by a year or more in prison and have completed all court-ordered ...

How long does it take to expunge a record in PA?

The typical expungement process can last anywhere between 4 to 6 months.

How can I get my record expunged in PA for free?

You can take a free Pennsylvania expungement test at RecordGone.com to see if you are eligible for expungement. If your offense was a summary offense (minor offenses such as underage drinking, highway obstruction, and retail theft), you may be eligible to expunge your criminal record.

How much does it cost to get your record expunged in PA?

You have to pay a fee of $132 per form to file, (there can also be additional fees from the county where you are filing).

Can a convicted felon own a gun after 10 years in PA?

Pennsylvania state law also prohibits anyone who has been convicted of certain crimes from purchasing or possessing a firearm.

What felonies Cannot be expunged in PA?

Crimes Ineligible for Expungement Assault, kidnapping, sexual offenses, and crimes involving minors typically have longer sentences and are ineligible for expungement, according to Act 56 – PA General Assembly. Even if you have a conviction that is eligible for expungement, your personal history can disqualify it.

Does your criminal record clear after 7 years?

The Seven Year Rule Under federal law, the consumer reporting agencies cannot report an arrest that is over seven years old. However, they may report a conviction no matter how old it is.

Can my criminal record be cleared?

Other criteria for convictions to not appear or be removed from a criminal record include: No prison sentence was given for the offense. The person has maintained a clean record since the initial offense. The crime was not severe enough to be considered a safeguarding issue.

How do you get a felony expunged in PA?

Generally, the only way to remove a felony or misdemeanor conviction from your record in Pennsylvania is by receiving a pardon from the Governor. These convictions cannot be expunged by a court, unless you are over 70 years old and meet other conditions.

How do you get a pardon in PA?

You will need to file a petition and attach the signed pardon document from the Governor. A judge will then order that the record be expunged, and within two to six months, all records of the crime for which you received a pardon will be erased by both the court and the Pennsylvania State Police.

What can be expunged in PA?

The expanded list of offenses that are now eligible to be expunged includes substance-related offenses such as DUI's and controlled substance and drug paraphernalia possession, as well as 2nd-degree misdemeanors such as larceny, identity theft, and reckless endangerment.

How do I expunge my record in PA?

The only way a felony or misdemeanor conviction can be expunged from your record is by receiving a pardon from the Governor. Without a pardon the court can't clear such convictions unless you're more than 70 years old and can meet other conditions.

What offenses are not eligible for clean slate?

Individuals convicted of the following offenses are not eligible for Clean Slate: Crimes involving danger to persons. Crimes against families. Firearm offenses. Full list of ineligible offenses. Also, individuals convicted of any of the following are not eligible for Clean Slate at any time: A felony.

When will Clean Slate be effective?

Many of the same records that will be automatically sealed via Clean Slate when it becomes effective in 2019 can be sealed sooner under Act 5. Individuals with criminal history record information eligible for Clean Slate might wish to petition under Act 5 instead.

What are the offenses punishable by one or more years in prison?

Four or more offenses punishable by one or more years in prison. 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. ‌.

How long can you be in jail under Act 5?

Individuals must remain free of arrest or prosecution for 10 years for offenses punishable by one or more years in prison.

Can you file an Act 5 petition for limited access?

An individual who believes their record was not sealed due to a backlog, or was not sealed in error, may file an Act 5 petition for limited access. Sample Act 5 petition. Individuals convicted of the following offenses are eligible for Clean Slate:

When did the Clean Slate Bill come into effect in Pennsylvania?

One year ago, on June 28, 2018, Pennsylvania Governor, Tom Wolf, signed House Bill 1419, known as the “Clean Slate Bill”. Now one year later, on June 28, 2019, the Unified Judicial System of Pennsylvania began automatically sealing eligible criminal and summary records.

Can you expunge a criminal record under Clean Slate?

These records will NOT be expunged and will still be accessible to law enforcement and judicial officers.

Is there a backlog in Clean Slate?

Due to a large volume of cases, there will likely be a backlog of cases during the first year of the Clean Slate program. An individual who believes their record was not sealed due to a backlog, or was not sealed in error, may file an Act 5 petition for limited access.

How does Clean Slate work?

How It Works. Clean Slate uses technology to seal certain criminal records from public view. Arrest records will be sealed after charges are dropped and some minor conviction records will be sealed after 10 years. Automated sealing began on June 28, 2019. To date, almost 35 million cases have been sealed, without the cost ...

When does Clean Slate take effect?

Clean Slate: A Future Without Judgment. Sep 23, 2019. Since Clean Slate took effect on June 28, Pennsylvania courts have been sealing cases on a scale never seen before. These cases are identified and sealed through an automated process, without any hearing in court or any extra fees. On the 15th of each month, the...

How many criminal cases are sealed in Pennsylvania?

Clean Slate is a new Pennsylvania law that will automatically seal 30 million criminal cases, as well as expanding sealing to include more types of misdemeanors. Employers, landlords, and schools won’t be able to see sealed cases on your record, although those cases...

How many cases have been sealed in 2019?

Automated sealing began on June 28, 2019. To date, almost 35 million cases have been sealed, without the cost of filing petitions in court. That’s more than half of the charges in the court’s database. According to a recent study, only 6.5% of people eligible for record clearing filed petitions.

How many people in Pennsylvania have a criminal record?

In Pennsylvania, nearly 1 in 3 – or three million – people have a criminal record. Many have only minor convictions, while others have been arrested but never even convicted of a crime. Because of the rise of technology and background-checking, even a minor record can now cause lifelong barriers to opportunity.

Is sealed records available to the public?

Sealed records are not available to the public, helping people access employment, housing and education. Clean Slate will allow hundreds of thousands of Pennsylvanians to move past their old, minor criminal records.

When can you file a clean slate petition in Pennsylvania?

Starting in January 2019, people with qualifying criminal convictions in Pennsylvania can start filing petitions to have them sealed under Clean Slate. The petitions must be filed in the local courts where the conviction occurred, and all previous and existing fines and court costs must be paid in full.

When is the second chance law in Pennsylvania?

February 26, 2019. Records. Second Chances. While many have rightfully hailed the passage of the Pennsylvania Clean Slate Law as a life-changer for those with old and minor criminal convictions, there is much about the legislation that is currently unclear. Here’s what we do know about the record sealing opportunities under ...

Can you get your records sealed with clean slate?

Although most violent and sexual offenses are rightfully exempt from Clean Slate, there are other caveats in the law that can prevent you from having your records sealed: If you have any felonies or other first-degree misdemeanors anywhere on your record, none of your other misdemeanors can be sealed.

Can you watch videos on Clean slate?

Clean Slate allows minor, non-violent cases to be automatically sealed from public view after time has passed without conviction of a felony or a misdemeanor. If playback doesn't begin shortly, try restarting your device. Videos you watch may be added to the TV's watch history and influence TV recommendations.

Florida (15)

Service area: Alachua, Baker, Bradford, Columbia, Clay, Dixie, Duval, Gilchrist, Hamilton, Lafayette, Levy, Madison, Nassau. St. Johns, Suwannee, Taylor, and Union counties

Virginia (6)

Service area: Town of Herndon, Town of Manassas Park, Town of Vienna, City of Alexandria, City of Falls Church, City of Leesburg, City of Manassass, and Arlington, Fairfax County, Loudoun, and Prince William counties.

WHAT IS LIMITED ACCESS?

Providing limited access is the sealing of a criminal record in Pennsylvania. Sealing the record means the criminal record still exists but is confidential and inaccessible by the public or by conventional means. 2 Sealing a record acts as a way to clear the record of an individual.

THE CLEAN SLATE ACT

The Clean Slate Act, the second part of the Clean Slate Law, will go into effect on June 28, 2019. The Clean Slate Act creates a way of limiting access to some criminal records without filing a court petition.

HOW IT WORKS

The Clean Slate Act automation process works by the Administrative Office of Pennsylvania Courts running a query of the court records to identify potentially eligible cases. 9 The list of cases is then transmitted to the State Police who validate the eligible cases.

SEALED RECORDS - FBI BACKGROUND CHECKS

According to the Commonwealth of Pennsylvania, records that have been sealed pursuant to the Clean Slate Law will continue to appear on an FBI background check.

EMPLOYER IMMUNITY

The Clean State law also creates immunity from liability for employers who employ an individual whose criminal record has been sealed by the law. 31 If there is a claim of misconduct by an individual and the misconduct relates to the portion of the criminal history that was sealed, the employer will be immune from liability. 32

GOING FORWARD

Once the Clean Slate Act goes into effect on June 28, 2019, criminal records will be automatically provided limited access. Eligible misdemeanors will become confidential and hidden from public access.

When Should I Consider Expungement Instead of Sealing?

When a criminal conviction or arrest has been sealed, most employers will no longer be able to see it. But there are two exceptions. When an employer is required under federal law to review your criminal record as part of the hiring process, they may view your sealed records.

Do You Have Questions About the Clean Slate Law? Call Us Today

If you are ready to put the past behind you, it’s time to start thinking about sealing or expunging the records of your criminal convictions. The criminal defense lawyers of Czekaj Law, LLC can help you determine if your criminal convictions are eligible, and assist you with the petition process so that you obtain the desired result.