Clearing Your Record: Sealing and Expunging Criminal Convictions in Philadelphia

We all make mistakes. For some unlucky folks, those mistakes lead to criminal charges and convictions that follow them for years or even decades. A criminal record can make it really hard to get a job, rent an apartment, or just move on with life. Fortunately, Pennsylvania has a “Clean Slate” law that lets people seal or even expunge old minor convictions from their record. This article explains how record-clearing works in Philadelphia.

What’s the Difference Between Sealing and Expungement?

Sealing and expungement are two ways to clear an old conviction from your public record. Sealing just limits who can see your record, while expungement erases it completely.

If your record is sealed, most employers and landlords won’t see it in a background check. But police and courts still have access. Sealed records also aren’t destroyed – they’re just hidden away. An expunged conviction, on the other hand, is deleted from your record like it never happened. Courts, police, employers – no one can see it anymore.

Pennsylvania’s Clean Slate Law: Who Qualifies for Sealing?

In 2018, Pennsylvania passed something called the Clean Slate Law. This groundbreaking law lets people with old, minor convictions ask the courts to seal their records. Here’s who qualifies:

• Anyone convicted of a second- or third-degree misdemeanor that didn’t get them more than 2 years in prison. If it’s been 10 years since the conviction and you’ve stayed out of trouble, you can ask to have it sealed.
• People convicted of first-degree misdemeanors and lower-level felonies may also qualify if enough time has passed. Usually you need to stay conviction-free for 10 years.

The Clean Slate Law applies to both new and old convictions. In fact, some minor records from before 2018 get sealed automatically without you needing to do anything!

Unfortunately more serious felonies don’t qualify under Clean Slate. And the law only covers PA state convictions – not federal cases or charges from other states. But sealing is still a huge opportunity for Philadelphians to clear old mistakes from their record and get a fresh start.

How to File for Sealing in Philadelphia

Sealing your criminal record in Philadelphia is free and doesn’t require a lawyer. But the process can get complicated, so working with an attorney or even a law student from a clinic is a smart idea. Here are the basic steps:

1. Get your complete criminal record from the PA State Police. This report shows all your PA convictions and arrests.
2. Review your record and figure out what charges you want sealed. See if they meet the Clean Slate requirements above.
3. Head to the Clerk of Quarter Sessions office at the Criminal Justice Center. Ask for a petition for expungement and sealing.
4. Fill out the petition with info on your case like the charges, court term number, etc. Explain why you qualify for sealing under Clean Slate.
5. File your petition with the Clerk of Quarter Sessions. This starts the court process to review your record sealing request.
6. Attend your court hearing when scheduled. The judge will decide whether to grant or deny sealing. Bring any evidence that you qualify and letters of support from employers, etc.

If approved, the court will order your record sealed. Most employers and landlords won’t see those convictions in background checks anymore. Congrats – your record is cleared under Clean Slate!

Seeking Expungement for Felonies and Federal Cases

Unfortunately Pennsylvania’s Clean Slate law only covers lower-level state convictions. More serious felonies require a traditional expungement, which fully deletes the record. Federal cases and out-of-state convictions also aren’t eligible for sealing under Clean Slate.

Getting old felonies expunged in Philadelphia takes some work, but it’s possible in many cases. The process is similar to sealing:

• Get your complete criminal history
• Review charges to see if they’re expungement-eligible
• File petition with Clerk of Quarter Sessions
• Attend court hearing

Waiting periods for expungement depend on the conviction. Misdemeanors usually require 5 conviction-free years; felonies need 10 years. Cases involving violence or sex crimes often can’t be expunged at all.

Federal expungements work differently – you petition the federal courts rather than state. Requirements also vary. So researching the laws and consulting an attorney is key.

What About Pardons?

One last option for clearing a Philadelphia conviction is a governor’s pardon. This is an official statement of forgiveness from the PA governor. It symbolizes your rehabilitation and can help restore rights lost because of a conviction.

Pardons don’t seal or expunge records on their own. But they can help convince a judge to approve expungement. The pardon petition process involves an investigation plus approval from the PA Board of Pardons. You usually need 5 – 10 clean years after a conviction to qualify.

Fresh Start Clinics – Help Clearing Philadelphia Criminal Records

Trying to understand sealing, expungements, and pardons can make your head spin. Fortunately, Philadelphia has some great resources to help including Fresh Start clinics. These are free events held around the city to help people clear their records.

Upcoming Fresh Start clinics are:

• Dec 10 at Ceiba, 11am – 5:30pm
• Jan 14 at Norris Square Recreation Center, 10am – 2pm

You can meet with volunteer attorneys at these clinics who will review your record and explain your options. They can also help you file sealing or expungement petitions.

Another great resource is the Philadelphia Lawyers for Social Equity (PLSE). This nonprofit helps people navigate pardons, expungement, and other record-clearing processes. PLSE holds regular expungement clinics and works with career counselors to help clients get back on their feet.

Conclusion: Don’t Let Past Mistakes Define Your Future

Minor convictions and arrests shouldn’t ruin your life forever. Philadelphia’s Clean Slate law, expungement process, pardons and Fresh Start clinics offer real second chances. Clearing your criminal record won’t erase the past but it can help you move forward. So don’t let old mistakes stop you from achieving your dreams for the future!