PA Police Checks: Your Guide to Clean Slate!

Having a clean record is essential for securing employment, housing, and various other opportunities in Pennsylvania (PA). However, if you have a blemish on your record, it's not the end of the road. Pennsylvania offers individuals options to clear their records through police checks and legal processes. Here's a comprehensive guide to navigating PA police checks and taking steps toward a clean slate.

What Are PA Police Checks?

PA police checks are official reports that contain information about a person's criminal history within the state of Pennsylvania. These checks are often required by employers, landlords, and organizations to ensure the safety and integrity of their enterprise or service.

The police checks include details on:

• Arrest records
• Convictions
• Court records
• Incarceration records
• Any other criminal justice information

However, a criminal record can become a substantial hurdle in someone's life, affecting their chances of getting a job or even renting a home.

Expungement and Sealing in PA

In Pennsylvania, there are legal processes in place that allow individuals to either expunge or seal their criminal records, depending on their circumstances.

Expungement

Expungement is the legal process of removing a conviction, arrest, or other criminal record from public view. In PA, expungement is generally available for:

• Summary offenses after five years without any arrests or prosecutions
• Underage drinking convictions once the individual turns 21 (provided six months have passed)
• Arrests that didn't lead to a conviction
• Certain criminal convictions if the individual has been deceased for three years or more

Sealing (Limited Access)

Sealing, also known as limited access, is a process that restricts certain criminal records from public view, although they may still be accessible by law enforcement. Some misdemeanor convictions may be sealed in Pennsylvania, if one has stayed free of arrest or prosecution for ten years after their conviction or release from supervision, whichever is later.

The Clean Slate Law

Pennsylvania's revolutionary Clean Slate law, enacted in June 2018, allows certain criminal records to be sealed automatically, so they are not accessible through public databases. This legislation is the first of its kind in the nation and involves two primary processes:

Automated Sealing

As of June 2019, records of charges that resulted in non-convictions, summary convictions after ten years, and some second and third-degree misdemeanors (with no subsequent offenses for ten years) are sealed automatically without a petition thanks to the Clean Slate law.

Petition Process

For offenses not covered by automated sealing, there's a petition process. This requires submitting a petition to the court to seal records that fit within the scope of the law but were not sealed automatically.

How to Start the Expungement or Sealing Process

To begin the process, it's usually best to consult with a lawyer who specializes in criminal law and is familiar with the expungement and record-sealing processes in Pennsylvania. They will be able to guide you through the following steps:

1. Review Your Record: Obtain your PA criminal history from the Pennsylvania State Police or through the PA court system.
2. Check Eligibility: Determine if your record is eligible for expungement or sealing under the current laws.
3. Prepare the Petition: This step involves filling out and filing the necessary forms—a process that can be complex, so legal aid is beneficial.
4. Filing the Petition: Submit the petition to the court that handled your case initially.
5. Attending a Hearing: Depending on the case, you might be required to attend a hearing where a judge will consider your petition.
6. Notice of Sealing: If approved, the court will notify you, and the records will be sealed accordingly.

Conclusion

Taking steps to clear your record can be life-changing. With Pennsylvania's Clean Slate initiative, along with the possibility of expungement and sealing, there's hope for those looking to start anew. To secure jobs and opportunities with a fresh start, understanding PA police checks and these legal processes is fundamental. Always seek legal guidance and remain informed about your rights and the resources available to assist you in navigating this complex terrain.