Berks County Expungement and Clean Slate: Clear Your Record

There are two ways to clear a criminal record in Berks County: expungement, which destroys the record, and sealing, which hides it from the public but leaves it in place for police and courts. Pennsylvania's Clean Slate law seals many records automatically, at no cost and with nothing to file; for the records it does not reach, you file a petition with the Berks County Clerk of Courts at the courthouse, 633 Court Street in Reading.

Which path applies depends on how the case ended. A charge that never became a conviction, an arrest that was dropped, or a case you won at trial can be expunged and erased. Most convictions cannot be expunged. Instead they can be sealed, which takes them off the background checks employers, landlords, and schools run, while criminal justice agencies keep access.

Check your record first

Before doing anything, find out what is on your record and whether Clean Slate has already sealed part of it. Search your name and date of birth for free on the Pennsylvania court system's public portal at ujsportal.pacourts.us. Cases that have been sealed no longer appear there. If a case still shows up, it has not been sealed, and you can work out from the rules below whether it qualifies on its own or needs a petition.

Clean Slate: automatic, free sealing

Under Pennsylvania's Clean Slate law, the courts seal eligible records on their own. There is no petition to file and nothing to pay to start it. The state court system identifies eligible cases each month, and the county court issues the sealing orders. For a conviction, sealing happens only after all court-ordered restitution on the case is paid; charges that never became a conviction carry no such condition.

Records sealed automatically include:

• Charges that did not end in a conviction, such as a case that was dismissed, withdrawn, or ended in a not-guilty verdict.
• A summary offense conviction, the lowest level of charge, five years after the conviction.
• A conviction for a second- or third-degree misdemeanor, or a misdemeanor carrying no more than two years, seven years after you were last convicted of anything punishable by a year or more in prison.
• Certain lower-level offenses ten years out.

Clean Slate does not erase these records. It removes them from public view. If you check the court portal and a qualifying case is still listed after the waiting period, it may be held up by an unpaid balance or a data mismatch; that is when to ask for help or file a petition yourself.

What you can petition to seal

Some convictions do not seal on their own but can be sealed if you ask the court. This is called a petition for limited access. You can petition to seal certain misdemeanors after you have gone seven years without a new conviction, and certain older felonies, such as theft, fraud, forgery, and property crimes, after ten years. In both cases all restitution must be paid first.

The most serious offenses can never be sealed this way. The law rules out convictions for crimes that harm people, offenses against family members, firearms offenses, sex offenses that require registration, and corruption of minors, along with murder and first-degree felonies. A recent conviction can also block a petition. Because the eligibility rules are detailed, this is the step where free legal help, listed below, is worth using.

What you can expunge

Expungement erases the record. It is available in a narrower set of situations:

• Non-convictions. Charges that were dismissed, withdrawn, or dropped by the district attorney, and cases that ended in a full not-guilty verdict, can be expunged. A full acquittal is now expunged automatically within a year.
• After ARD. Accelerated Rehabilitative Disposition is a program for many first-time offenders that ends without a conviction. In Berks County you do not file for this expungement yourself: once you finish ARD and pay all costs, the county Adult Probation Office prepares the expungement order for a judge to sign, then sends it to the Clerk of Courts. The office notes it is a lengthy process that can take several months, and that DUI cases with a placement date of July 1, 2020 or later are not being expunged yet because of a ten-year rule.
• A summary offense, by petition, five years after the conviction if you have stayed free of arrest.
• Age 70, if you have been free of arrest for ten years since your last release from custody or supervision.
• Underage drinking convictions, once you are 21 and have met every condition of the sentence.
• A record of a person who has been dead for three years, and convictions covered by a pardon.

Outside these situations, a conviction cannot be expunged. Sealing is the route for most convictions.

How to file a petition in Berks County

If your record needs a petition, either to expunge a summary offense or non-conviction or to seal a conviction, the steps are the same.

1. Pull your case information from the court portal at ujsportal.pacourts.us so you have the exact docket number, charges, and disposition. You file one petition per docket number.
2. Order your state criminal history report from the Pennsylvania State Police at epatch.pa.gov. It costs $22, plus a small card fee if you pay online. The court rule requires this report, dated within 60 days before you file, and a judge will not rule on the petition until it is on file.
3. Use the statewide form. Pennsylvania provides fill-in petitions on the courts' forms for the public page: use the Rule 490 form for a summary offense and the Rule 790 form for any other case.
4. File the completed petition, with the criminal history report attached, at the Berks County Clerk of Courts, 633 Court Street, 4th Floor, Reading, and pay the filing fee. The county does not publish the current fee online, so call the office at 610-478-6550 to confirm the amount before you go.
5. The court notifies the District Attorney, who has a chance to object. If no one objects and you qualify, a judge can grant the petition without a hearing. Once signed, the order goes to the state police, who direct every agency holding the record to expunge or seal it.

Free and low-cost help

You do not need a lawyer to file, but many people use one, and help is available at no cost for those who qualify.

• MidPenn Legal Services offers free civil legal help to low-income Berks County residents, and its Employment Law Project handles expungements, record sealing, and pardons. The Reading office is at 35 North Sixth Street; call 610-376-8656 or, toll free, 800-326-9177.
• PA Law Help at palawhelp.org has free legal guides and a tool to find legal aid near you.
• The Berks County Bar Association Lawyer Referral Service can connect you with a private attorney for a paid consultation; call 610-375-4591.

FAQ

Is Clean Slate the same as expungement?

No. Clean Slate seals a record, which hides it from public background checks but keeps it available to police and the courts. Expungement destroys the record. Clean Slate happens automatically and for free; expungement of a summary offense or non-conviction usually takes a petition you file.

How much does it cost to clear a record in Berks County?

Clean Slate sealing is free. If you file a petition yourself, plan on the $22 state police criminal history report plus the Clerk of Courts filing fee, which the office can confirm by phone. Free legal aid through MidPenn can cover the work for those who qualify.

How do I know if my record was already sealed?

Search your name on the state court portal at ujsportal.pacourts.us. If a case no longer appears there, it has been sealed. If it still shows up after the waiting period, it has not been sealed yet.

Can I get a conviction erased?

Only in limited cases: a summary offense, an underage-drinking conviction, a record at age 70 after ten arrest-free years, or a case covered by a pardon. Most other convictions cannot be expunged, but many can be sealed after seven or ten years.

Does a sealed or expunged record show up on job applications?

A record removed under the Clean Slate law is off public background checks, and the law says employers, landlords, and schools generally may not hold it against you. Some checks required by federal law, such as for certain jobs in law enforcement or working with children, can still reach sealed records.

Sources

• Berks County Clerk of Courts — the office that maintains criminal records for the Court of Common Pleas and where expungement and limited-access petitions are filed; 633 Court Street, 4th Floor, Reading; 610-478-6550; open Monday through Friday, 8 a.m. to 4:30 p.m.
• Berks County Adult Probation — ARD FAQ — after ARD is completed and all costs paid, the probation department submits an expungement order for a judge to sign and forwards the signed order to the Clerk of Courts; the process can take several months, and DUI cases placed on ARD on or after July 1, 2020 are not being expunged under a ten-year rule.
• 18 Pa.C.S. § 9122 (Expungement) — sets when a record may be expunged, including a summary offense after five arrest-free years, at age 70 after ten arrest-free years, three years after death, on a full acquittal, and by court order for non-conviction data.
• 18 Pa.C.S. § 9122.1 (Petition for limited access) — allows a petition to seal a qualifying misdemeanor or ungraded offense after seven conviction-free years, and certain qualifying felonies after ten years, once restitution is paid; lists the offenses that are never eligible.
• 18 Pa.C.S. § 9122.2 (Clean slate limited access) — records sealed automatically by the courts, including non-convictions, a summary conviction after five years, and a second- or third-degree misdemeanor after seven years, after all court-ordered restitution is paid.
• PA Courts — How limited access differs from expungement — limited access removes a conviction from public view on approval of the court, while criminal justice agencies keep access to the record.
• PA Courts — Petition for Expungement, Pa.R.Crim.P. 790 form and forms for the public — the statewide fill-in petition forms (Rule 490 for summary offenses, Rule 790 for other cases).
• Pennsylvania Access to Criminal History (PATCH) — the state police criminal history report needed to file a petition; $22 for an online request.
• Pennsylvania Unified Judicial System court portal — free public search of court cases by name and date of birth; sealed cases no longer appear.
• MidPenn Legal Services, Reading office — free civil legal help for low-income Berks County residents, including expungements, record sealing, and pardons; 35 North Sixth Street, Reading; 610-376-8656 or 800-326-9177.
• Berks County Bar Association — Lawyer Referral Service — refers residents to a private attorney for a paid consultation; 610-375-4591.

For what leads up to a record in the first place, see our guide on what happens after an arrest in Berks County; for where the courts fit in the county, how Berks County government works; and to find a case or someone recently arrested, how to find someone in Berks County Jail.

Berks County Clerk of Courts: 633 Court Street, 4th Floor, Reading, PA 19601; 610-478-6550.