Pennsylvania Misdemeanor Sealing Attorneys

Reviewed: May 15, 2026

Most second-degree and third-degree misdemeanor convictions in Pennsylvania are eligible for sealing — either automatically under Clean Slate after 7 conviction-free years (under Act 36 of 2023), or by petition under 18 Pa.C.S. § 9122.1 after a shorter waiting period. First-degree misdemeanors are generally not eligible for automatic sealing but may qualify for petition-based limited-access sealing under the same statute.

Quick answer: Misdemeanor Sealing in Pennsylvania

Important: This page provides general legal information about expungement and record sealing laws. It is not legal advice for your specific situation. Eligibility rules vary by state, county, and individual circumstances. Always consult a licensed attorney before taking any legal action.

Petition-based misdemeanor sealing

Under 18 Pa.C.S. § 9122.1, a petition for limited-access sealing can be filed for qualifying second- and third-degree misdemeanors after 10 conviction-free years from completion of sentence (and for some first-degree misdemeanors with prosecutor agreement). The petition is filed in the Court of Common Pleas in the county where the case originated. All court costs, fines, and restitution must be paid in full before filing.

What sealing does

Sealing under § 9122.1 removes the record from most public view, including standard private-employer and landlord background checks. The record remains available to law enforcement, the courts, and a defined list of state agencies and regulated professions. You may lawfully answer that the conviction did not occur on most employment and housing applications, with documented exceptions for healthcare, education, law enforcement, and federal positions.

Cost and timing

Court filing fee: about $132. Pennsylvania State Police processing fee: $22. Most counties take 3 to 6 months from filing to order. Attorney fees vary widely by county and case complexity — get a written quote from any attorney you contact. ExpungeReady does not collect referral fees and lists licensed attorneys for informational purposes only.

How to seal your Pennsylvania misdemeanor conviction

Verify misdemeanor grade and eligibility. Your attorney reviews your case to determine the misdemeanor grade (M1, M2, M3) and confirms eligibility for petition-based sealing under § 9122.1 or automatic Clean Slate sealing.
Confirm 10-year waiting period met. Verify 10 conviction-free years have passed since completion of sentence (including probation) for petition-based sealing. Automatic Clean Slate uses a 7-year waiting period.
Obtain certified court records. Request certified copies of the judgment of sentence and docket sheet from the Court of Common Pleas clerk in the county where the case originated.
Verify all financial obligations paid. Confirm all court costs, fines, and restitution are paid in full. Outstanding balances block sealing petitions in Pennsylvania.
File petition for limited-access sealing. Your attorney files the petition under § 9122.1 in the Court of Common Pleas in the county where the case was handled. Filing fee is approximately $132 plus $22 State Police processing fee.
Serve District Attorney. The petition must be served on the District Attorney, who reviews the case and may object if eligibility requirements are not met.
Wait for court review. The court reviews the petition and criminal history. If the DA does not object and all conditions are met, the order is typically granted without a hearing. Most counties take 3-6 months.
Attend hearing if required. If the DA objects or the judge requests a hearing, your attorney presents evidence that you meet all statutory requirements.
Receive sealing order. Once the judge signs the order, certified copies are sent to the Pennsylvania State Police and all agencies that maintain records. The record is sealed from public view.

Statutes cited

Pennsylvania Consolidated Statutes § 9122.1 (Petition for limited access) — 18 Pa.C.S. § 9122.1
Pennsylvania Consolidated Statutes § 9122.2 (Automatic sealing - Clean Slate) — 18 Pa.C.S. § 9122.2

Frequently asked questions

Can a DUI misdemeanor be sealed in Pennsylvania?

A DUI conviction that was a second- or third-degree misdemeanor may be eligible for limited-access sealing under § 9122.1 after the statutory waiting period. A first-offense DUI under the ARD program (where ARD was successfully completed) is typically eligible for expungement, not just sealing. An attorney can review your specific case.

How long after my sentence ends do I have to wait?

For petition-based limited-access sealing under § 9122.1, the waiting period is generally 10 conviction-free years after the completion of sentence. Clean Slate automatic sealing under Act 36 of 2023 uses a 7-year window for qualifying misdemeanors.

Will the misdemeanor still show up on a federal background check?

Federal background checks (FBI fingerprint checks for federal employment, certain firearms purchases, and some healthcare or financial-services roles) may still access sealed Pennsylvania records. State-level checks and private background-check companies are required to suppress sealed records.

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