How to Seal Your Criminal Record in Pennsylvania
Do you have a blemish on your record? A one-time mistake that has stopped employers from hiring you, landlords from housing you, or prevented you from getting the education you desire? When the past holds you back, you can feel like there is no future. But there is hope! You can have these criminal records sealed, limiting access and preventing standard background checks from raising a red flag.
Pennsylvania has, relatively recently, allowed criminal records to be sealed under ‘limited access’ laws. These laws provide new futures for those with non-violent criminal charges behind them, allowing you to enjoy a newfound freedom. However, getting the paperwork in line and navigating the legal world can be prohibitively difficult – this is why you should come to the Marinaro Law Firm. Our team can provide faster, easier, and smoother traversal of the legal realm, leading to a sealed record in no time for many of those who desire it.
How To Seal Your Criminal Record in Pennsylvania
The process of sealing your criminal record in Pennsylvania isn’t complicated as long as your eligibility is in line with the requirements. An individual can petition the court that filed the original criminal incident, requesting sealing. This process is relatively new to the courts and can be difficult to navigate quickly. However, knowing eligibility, navigating courts, and understanding the intricacies of the legal world can make this a much faster and more productive process.
What Does “Sealing Your Criminal Record” Mean?
Sealing your criminal record does not destroy or ‘erase’ your criminal charges – this would be expungement. Expungement laws require a a longer and more involved process. Instead, sealing your records means that they are protected under an order for “Limited Access,” which prevents the general public from viewing and accessing the sealed documents. However, this doesn’t prevent criminal justice agencies, professional licensing boards, immigration, or CPS from accessing these records when necessary or relevant.
Sealing of criminal records can happen automatically in some cases but typically requires a court petition. The process all depends on the type of criminal case on record and the rest of the individual’s criminal history.
Am I Eligible for Sealing of My Criminal Charges in PA?
There are two major pathways for sealing criminal records in PA: petition-based and automatic. Automatic sealing happens regularly without request, while petition-based requires a request to be made:
Petition-Based Sealing Eligibility
A person may petition to seal their convictions if:
- Conviction is a non-violent 1st, 2nd, or 3rd-degree misdemeanor or an ungraded offense that carries less than 5 years imprisonment.
- No criminal history of murder, certain 1st-degree felonies, or other violent crimes.
- Some 1st-degree misdemeanor offenses cannot be sealed, including violent, family-based, or sexual-based offenses.
(18 Pa. C.S.A. § 9122.1 (2022).)
Automatic Sealing Eligibility
Certain Records are automatically sealed every month:
- Certain 2nd or 3rd-degree misdemeanors and ungraded offenses with sentencing <2 years imprisonment.
- summary offenses >10 years old
- Non-conviction records
- Pardoned offenses
- Similar to petition eligibility, many violent offenses or their presence in criminal history will remove eligibility.
(18 Pa. C.S.A. §§ 9122.2, 9122.3 (2022).)
What are the Benefits of Sealing My Criminal Charges
The main purpose of sealing criminal charges is that sealed records will not appear on background checks that are commonly run for job hiring, housing, and educational processing. If you have had any difficulty attaining a job or house or were denied an education because of past criminal charges, then sealing your records to limited access can have marked benefits to your prospects.
Some exceptions exist, however: If your potential employer is required by federal law to consider your criminal record, they will have higher-tiered access to past criminal records. This is rare, but it is worth noting that sealing charges only prevent ‘standard’ background checks from accessing your past charges.
Let Us Help With Sealing Criminal Your Criminal Records in Pennsylvania
If you are a Lancaster, PA resident facing challenges due to past criminal charges, we can help! We have long-term experience throughout the realm of criminal law and understand the nuances of eligibility for record sealing and the intricacies of putting your charges to rest. Call today if you are ready to experience a clean slate and a newfound sense of freedom to access more things, from work to education.
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