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Expungement in Pennsylvania: Clean Slate and Berks Help

Expunging versus sealing a Pennsylvania record, what Clean Slate seals automatically and what takes a petition, how to check your record, how to file at the Berks Clerk of Courts and what it costs, what a sealed record means on an application, and free help.

Berks Connect Blog|Published October 19, 2026
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If an old Pennsylvania charge or conviction still turns up on background checks, there are two ways off. The state may already have sealed it under Clean Slate, Pennsylvania's law that hides eligible records from public view automatically. If it didn't, you can ask the court to seal or erase it with a petition, a written request to the court. Which road you're on depends on how the case ended, how serious it was and how long you've stayed clear, so check your record this week.

This is general information about how Pennsylvania's rules work; whether your own record qualifies is a question for the free online screener below, MidPenn Legal Services or a lawyer. Firms that handle petitions are on the county lawyers page.

What's the difference between expungement and sealing in Pennsylvania?

Expungement removes the record so there's no trace it existed. Sealing, which the law calls limited access, leaves the record in place but hides it from the public: the State Police strip it from background checks and the courts keep it off the public docket, while courts and police still see it.

Which records does Clean Slate seal automatically?

Clean Slate needs no form, lawyer or filing fee. The rules took their current shape on June 11, 2024, when the wait for summary offenses (the lowest level, like disorderly conduct) dropped from ten years to five. Here's how the law sorts records.

What's on your record Sealed automatically? By petition?
A charge that ended without a conviction (withdrawn, dismissed, not guilty) Yes; the courts send the record to the State Police within 30 days after the case ends and any restitution is paid, and sealing orders issue monthly Can be expunged by court order
A summary offense conviction Yes, five years after the judgment, restitution paid Can be expunged after five years free of arrest or prosecution
A misdemeanor of the second or third degree, or one punishable by no more than two years Yes, after seven years in which you haven't been convicted of anything punishable by a year or more, once restitution is paid, unless an exclusion applies Sealing by petition if the automatic rule missed it
A "qualifying misdemeanor" (the law's term) or an ungraded offense with a maximum of no more than five years No Sealing by petition after seven years free from conviction for an offense punishable by one or more years in prison, unless a bar applies
A third-degree felony for criminal mischief, trespass, theft, forgery or fraud, or welfare fraud No Sealing by petition after ten years free from conviction for an offense punishable by one or more years in prison, unless a bar applies
A drug offense under the state's Controlled Substance Act (unless the sentence had a minimum of 30 months or more, or a maximum of 60 months or more) Yes, after ten years in which you haven't been convicted of anything punishable by a year or more, once restitution is paid Sealing by petition after ten years
An unconditionally pardoned offense Expunged automatically; the Board of Pardons sends the list to the courts every three months No petition needed

Pennsylvania's rules since June 11, 2024; the exclusions are described in the text.

A "yes" in the "Sealed automatically?" column can be overridden by the exclusions below. A "no" means the petition route. The automatic misdemeanor row is set by the grade of the offense, not the kind of crime, so a misdemeanor theft of the second or third degree follows it; the court docket shows each charge's grade. A case dismissed after ARD also follows the ARD order in the questions at the end.

The exclusions below apply to automatic sealing of a misdemeanor or drug conviction; a charge that ended without a conviction and a summary conviction aren't subject to them.

The petition route has its own list of bars, in the law linked at the end. A misdemeanor doesn't seal automatically if it was an offense involving danger to the person (assault, robbery and similar crimes), an offense against the family, a firearms offense, a sex offense that requires registration, cruelty to animals or corruption of minors. It also doesn't seal for anyone ever convicted of a felony (other than the drug offenses in the table), of two or more offenses punishable by more than two years in prison, or of four or more offenses punishable by one year or more.

How do I check whether my record is already sealed?

The UJS Web Portal at ujsportal.pacourts.us is the state courts' free docket search. A sealed case can't appear there. A missing docket isn't proof of sealing, because old district-judge cases drop off when their paper files are destroyed, and new entries can lag. The free online screener at mycleanslatepa.com emails you personalized information about your record, which may take up to 24 hours; it's a tool, not a lawyer.

The State Police offer two copies of your record, as of 2026. The $22 copy is the standard background check anyone can order. The $20 copy, an "individual access and review," is your own record, mailed to you; the helpline is 1-888-783-7972.

How do I file an expungement or sealing petition in Berks County?

File a Berks case with the Berks County Clerk of Courts, 633 Court Street, 4th Floor, Reading, 610-478-6550, Monday through Friday 8:00 a.m. to 4:30 p.m. The state filing fee is $132; ask whether county costs are added. The petition forms and a fee-waiver form are free from the state courts.

A sealing petition covers the rows marked "by petition" in the table, after the same seven or ten clean years. An expungement petition covers:

  • a charge that ended without a conviction;
  • a summary conviction after the table's five-year wait;
  • someone 70 or older, ten years free of arrest or prosecution since finishing any sentence or supervision.

Since April 1, 2024, a State Police criminal history report obtained within 60 days before filing has to be attached unless the District Attorney agrees to waive it; the rule doesn't say which State Police copy, so ask the Clerk's office or your lawyer. The District Attorney also gets a copy of the petition.

Does a sealed record show up on a job or apartment application?

Once a record is sealed or expunged, you can't be required or asked to disclose it except in the cases the law lists, and if someone asks anyway you may respond as if the offense did not occur. The cases the law lists include the police, prosecutors and courts; child-welfare agencies; custody and protection-from-abuse courts; jobs where federal law requires a check; the state Supreme Court for bar admission; and candidates for public office.

A sealed or expunged record may not be used for employment, housing or school admission, except if required by federal law; whether a job is one where federal law requires the check is a question for the employer or a lawyer. For a record that isn't sealed, the law's own words are that an employer may consider convictions "only to the extent to which they relate to the applicant's suitability for employment in the position for which he has applied," and has to tell you in writing if a decision not to hire rests on your record.

Do I need a lawyer for an expungement in Pennsylvania?

You can file on your own. A lawyer confirms the rule, pulls the docket and report, drafts and files the petition and handles any objection. Fees are quoted at the first meeting and put in writing for a new client (how lawyers charge in Berks County). Three Reading firms list expungement work with a free first meeting. Missan Law Offices, 18 N. 6th Street, handles expungements, with Spanish spoken.

Nevins & McAllister, 602-604 Court Street, lists expungement work. Bentley, Kopecki, Smith, 1118 Penn Avenue, lists expungements and pardons with a free half-hour first meeting.

MidPenn Legal Services, Berks' free legal aid office, takes expungement and sealing cases; intake is 1-800-326-9177, 8:30 a.m. to 3:30 p.m., or apply.midpenn.org; for most services the 2026 income line is $19,950 a year for one person and $41,250 for four. The Pardon Project of Berks County (Connections Work, 19 N. 6th Street, 4th Floor, 484-260-3860) is free; its volunteer coaches help with the application. More doors are in free and low-cost legal help in Berks County.

Frequently asked questions about clearing a record in Berks County.

Does finishing ARD expunge my record?

When the judge dismisses the charges after ARD, the first-offender program, the judge also orders your arrest record expunged unless the District Attorney objects within 30 days. In Berks, the Adult Probation Office prepares that order on non-DUI ARD cases once the case is completed and all costs are paid. For a DUI ARD, the county's ARD page says the office is "only expunging Non-DUI ARD cases" because of "the 10-year expungement ruling which impacts ARD DUI cases with a placement date of July 1st, 2020 or after"; whatever the year, ask the ARD Unit at 610-478-3400 where your expungement stands; what happens after a DUI arrest in Berks County has the rest.

Does a pardon erase a conviction in Pennsylvania?

A pardon is granted by the Governor on the Board of Pardons' recommendation, and since June 11, 2024, pardoned offenses are expunged without further action by the applicant. The Board sets no eligibility list, so a pardon is open to a conviction the sealing rules don't reach. No attorney is needed, and the Pardon Project calls the process free.

Can a DUI conviction be sealed under Clean Slate?

A DUI conviction isn't named on the exclusion list, so whether a particular one qualifies depends on its grade and the rest of the record; the screener or a lawyer can check.

How long does an expungement petition take in Berks County?

Once the District Attorney has a copy, the office has 30 days to consent, object or do nothing (60 days for a case that carried a misdemeanor or felony charge). Within 14 days after that window closes, the judge grants or denies the petition or schedules a hearing, and unless the District Attorney consented, a granted order is put on hold for 30 days.

This week, run the screener, search the portal, and order the $22 check. If it needs a petition, file at the Clerk's office, or hand it off: call MidPenn or pick a firm from the county lawyers page.

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