On June 28, 2018, Pennsylvania Governor Tom Wolf signed the “Clean Slate” Bill into law. The “Clean Slate” law is intended to prevent arrests or convictions for minor crimes committed earlier in a person’s life from affecting opportunities for education, housing, and employment for years or even decades. Records sealed by the “Clean Slate” law will remain accessible to criminal justice agencies (police, prosecutors, courts) but are not to be visible to the public.
Under the “Clean Slate” law, records of any arrest or indictment that has not resulted in a conviction will automatically be sealed three years after the date of arrest where no proceedings seeking conviction remain. The law provides for automatic sealing of records of convictions of offenses that carry a statutory maximum penalty of two years or less if an offender has been free from arrest or prosecution for 10 years after the conviction, final release from confinement, or termination of supervision (whichever is latest) and has satisfied all court-ordered financial obligations. Conviction offenses subject to automatic sealing include Summary Offenses, Misdemeanor 3 (one year maximum), Misdemeanor 2 (two year maximum), and Ungraded Misdemeanors that carry a maximum penalty of two years or less. Note* Simple Assault is not subject to automatic sealing except where graded as an M3 Mutual Fight or Scuffle. Where these criteria are met, records will be automatically sealed without the offender having to file a petition.
While it is clear the spirit of the “Clean Slate” law is to give people who have made a mistake a second chance by sealing certain criminal records from public view, the law does not directly address some important questions. Among those questions is how the law will apply retroactively. It appears the law is retroactive, but how far back will it reach? 10 years? 100 years? Another critical question that needs to be considered is whether the law’s prescribed procedures will ensure a truly comprehensive sealing of records. For example, will county prisons seal records/mug shots of past inmates? Additionally, it remains to be seen how reliable the process for automatic sealing – done primarily by computers rather than the Court – will be. Practically speaking, will the system work?
Please let us know what you think in the comments below.
30 comments:
Does this include drug charges
I just don’t see how much effect this will have. This is about misdemeanor crimes. I’d say that where a person is hurt the worst is right after it happens and within the first few years.
Good luck getting a job and housing if on probation. After 5-7 years a misdemeanor shouldn’t be a big problem for a normal job application or for housing. Now a law a sealing stuff after more than 10 yrs, so what? I don’t see the gain of this.
I was jailed for 6 months and did months of parole and 1 yr of probation after taking a plea of simple assualt for domestic violence that happened in 2010.
Girlfriend, who I’m still with, didn’t even want to press the charges. I was arrested on felony aggravated assualt charges that were pled down to simple assualt.
I work as an electrician and occasionally do work in nuclear power plants and need to maintain unescorted access to nuclear power plants. I currently maintain a clearance for nuclear power plants and even a crime of this magnitude didn’t prevent me from being employed in that field. Few people through the construction are able to get such clearance for work. I travel for work and have worked in other states and many nuclear power plants across the nation.
Having said all of this, I don’t see the importance of all this new legislation.
More legislation needs to be put in place to pressure employers to hire qualified candidates and not deny employment because of criminal record.
This new law needs to be expanded to minor drug crimes. There are so many people who have felony drug offenses for possession of a small amount of drugs for personal use. Not selling drugs, no intent to deliver. People got busted 15 yrs ago for weed or cocaine and slapped with a felony and are scewed in life.
We’ve seen all sorts of bad things happen to someone because of a criminal record well after ten years, so it’s always a good idea to seal or expunge if you can. Further, the process takes a long time so you can’t wait until the problem arises to address it.
The law covers most minor drug misdemeanors. It does not cover those with 3 year maximums and it does not cover drug felonies.
I have a drug paraphernalia convictiin on my record from back in 2004.i went through everything they wanted ne to completed everything that was asked.and havent been in trouble since.now the conviction carried a 1yr probation sentence which was was completed tge charges was a ungraded missdermeanor,but kept me from obtainning a conceal and carry permit.my question here is with this new law will i be able to obtain a conceal and carry now
This is an excellent question and one that many people don’t think to ask. They just assume that sealing or expungement will fix the problem. Unfortunately, the federal government does not recognize state level expungements or sealing for purposes of firearms laws. So even if you get an offense expunged or sealed, the federal laws which prohibit possession of a firearm will likely continue to do so. There is some disagreement in this area, but there is a federal opinion supporting the proposition that a state level expungement does not fix things. Of course, practically, the expungement may work and result in granting of the carry permit or sale of the firearm. But the gun owner is taking a big risk that if anything ever goes wrong the government will treat him as someone who should not have possessed firearms. There is recent precedent for obtaining a federal expungement for the purpose of restoring firearms rights, but this is a very expensive proposition as it’s only been done a few times. It is not worth it to the average person (I know one person paid $50,000 to pursue a federal expungement). Keep an eye out for new developments as this area of law may change in the future, possibly changing this answer…
Whats the difference between Senate Bill 391 and Clean Slate that was just passed?
Senate Bill 391 was passed a few years back and provided for sealing of some misdemeanor 2 or misdemeanor 3 convictions. Clean Slate broadens the offenses included and sets up an automated process (the effectiveness of which has yet to be demonstrated – our skepticism comes from prior “automated” systems that did not work) to seal or expunge certain records.
I have 3 DUIs the last one was over 10 years ago. The last one is keeping me from purchasing a gun even just a hunting rifle.This is not a felony but I get denied from the state to purchase a firearm. Will the clean slate help that situation, and I was told I couldn’t expunge my DUI because it was a conviction.
I have a M3 Theft from 3 years ago. Will this be automatically sealed? I am still confused about what is eligible. It is a Misdemeanor from under ten years but it is a Non-Violent Misdemeanor 3. Could you clarify this please?
I have A misdemeanor 1 stalking conviction from november of 2010. I have two M3 harrassment convictions, 1 M3 disorderly conduct conviction and one M3 possession of cocaine conviction. All these offenses occurred between the ages of 18-21. I am 28 years old now and I’m tired of this punitive record from holding me back. Am I eligible for expungment? Am I eligible to own a gun? Is their any further expungment or record sealing legislation bills that are being considered in PA? If the federal government passes an expungement bill will this pressure all 50 states to adopt identical expungment legislation?
Tim,
You will need to supply us with more information, but most likely you are not eligible for automatic sealing. Also, even if you were, I’ve seen numerous examples of clients who are “eligible for automatic sealing” but it was never done. You simply cannot rely on the Courts to do this for you if it is important to you.
You are not eligible for expungement nor eligible to own a firearm. You might be able to obtain pardons but if those were all separate incidents you will have a better chance if you wait 10 years. It is possible to obtain a Pardon for something like this, though, so if you want to take a chance you could still apply now.
There are multiple reasons this could be happening, but most likely you have a misdemeanor of the first degree DUI, which means that you are ineligible to possess a gun federally. Be careful about thinking that a state expungement will restore your federal rights, and definitely talk with a lawyer about this situation before proceeding.
I have misdemeanor with no classification for drug paraphernalia
From 2006 do I qualify for the clean slate act
Yes you should. We would still need to see all the details of your case.
I read this about firearms and sealed records under limited access on the website of a Philadelphia attorney is this correct?
Sealing Your Pennsylvania Conviction
Under Pennsylvania law, you can have some nonviolent misdemeanors “sealed” after ten years with no arrests or charges. This sealing is also known as a Limited Access Petition. As of 2019, the courts will now automatically seal some of your records,
While Police can still see sealed convictions, you don’t have to disclose them on a firearm application. An expungement or sealing of your record can also restore your gun rights under federal law. Under federal law, expunged or sealed offenses “shall not be considered a conviction for purposes of this chapter.” See 18 U.S.C. 921(a)(20) (2018).
I suggest that people should always carefully read the question they are answering, as they can change over time. If a question asks whether you have been convicted, even if the conviction was expunged, you might put yourself in the situation where you could be arrested for lying if you don’t disclose the expunged or sealed conviction. Always get legal advice before buying a firearm if you have ever been arrested, been the subject of a PFA Order, or have been committed for evaluation for a mental health disorder. With regard to the quote of 18 U.S.C. 921(a)(20), that is the current state of the law, but to be complete make sure you know that it also adds: “unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.”
What about limited access sealed record and possession of a firearm if federally barred for a 2nd DUI misdemeanor 1st degree?
Limited access and sealed record. Would this make eligible to possess a firearm federally after dui first degree misdemeanor sealed as stated in Lento Law.
I know that expungement has permitted people who were barred from purchasing a firearm in Pennsylvania to purchase firearms, but I have not seen anything on whether limited access or “sealing” has the same effect. I’ll look into it and please give us a call when you can.
This is a very difficult area of law. The concern is that even if expungement permits a person to possess a firearm under state law, that may not be sufficient to solve the problem under federal law, which may still prohibit possession of a firearm. Sealing or “limited access” is less effective, as it does not remove the conviction. Instead it hides it from the public eye but not from law enforcement. I haven’t seen any proof that “sealing” would be an effective way to restore firearms rights. The best method right now is to apply for a pardon. We have had tremendous success with pardons, having all of our pardons that have recently been decided granted in our clients’ favor. This seems to be an effective way to restore firearms rights that are blocked by a criminal conviction.
I have a pardon in progress. I guess what I’m getting at is Blacks law dictionary and the American Bar association have made the legal definition of expungement as expungement” is the process by which a record of criminal conviction is destroyed or sealed from state or federal record. Us 18 922 g 1 What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside, or for which a person has been pardoned or has had civil rights restored, shall not be considered a conviction, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. Would sealing suffice the term expungement as its entailed in the legal definition?
I think you are confusing the Black’s Law Dictionary definition with Pennsylvania law defining these terms. Black’s Law Dictionary is a good tool for establishing a definition where state law has not already defined the term. However, in Pennsylvania, the legislature has now defined “sealing” and “expungement” and they have different meanings. Thus, the fact that Black’s defines expungement as including sealing no longer has much significance in Pennsylvania. Black’s is just a dictionary – it does not have the effect of law. Make sense?
Hi my name is luis vazquez and my question is i got my record limited acces granted from a 2002 case of controll substance now do i need a pardon to apply for a licence to carry?
I was more interested in what the federal government would consider an expungement not Pennsylvania under us 18 922 (a) (20) speaks nothing on state definition only to the jurisdiction to decide on for conviction purposes. I’m still unsure what they are looking for as not specified in the definitions. What I’m essentially getting at is this article accurate? It seems like a very gray area of new law to PA where I have consulted with many attorneys and got many different answers. Under the article sealing sections states the federal ban is lifted after expunged or sealed record. Thanks for taking the time to answers these questions.
https://www.josephlento.com/firearms-and-pennsylvania-expungements
Sealing or expunging can restore firearms rights under federal law but I have not seen anything proving that sealing will work under Pennsylvania state law. A pardon is a much better and cleaner method.
Limited access may be recognized by the federal government but nothing in Pennsylvania guarantees a state prosecutor would not charge you if you only seal your record – better to get a pardon.
Thanks for answering very helpful. I am not barred by the state I have a M1 for second DUI and M1 poss of instruments of crime for egging houses in high school both sealed by a judge. I guess it’s really a gray area as the ATF case
Wyoming Ex Rel. Crank v. United States, 539 F.3d 1236 (10th Cir. 2008)
states all civil rights must be restored as interpretation of expungement. On the other hand the monumental win of
New York State Rifle & Pistol Association, Inc. v. Bruen
Would deem a lot of Wyoming vs United States unconstitutional in a lot of aspects. It’s all a new area of law. I guess from reading and legal advice it’s rare if you have state firearms rights back that the ATF would prosecute for self defense in home.
I understand what you are saying but I would not want to rely on the sympathy of the current federal administration and law enforcement in effectuating my gun and self-defense rights. I have seen some unfair prosecutions and I’m sure there are many more out there. Better safe than sorry – get a pardon if you can afford it.
Or contact me privately:
steve@fairlielaw.com
(215) 997–1000