3 Things You Must Understand About Pennsylvania’s Expanded Clean Slate Law: How is Pennsylvania different than New Jersey on Expungements?
Through the Clean Slate Program, Pennsylvania expanded its law regarding criminal records last year, but many people still do not understand it! As always, my criminal defense blog’s purpose is to provide information about criminal laws in New Jersey and Pennsylvania. Here are three things that everyone should understand about Pennsylvania’s Clean Slate
- Prior to this expansion it was impossible to mitigate a criminal record following a conviction in Pennsylvania, unlike New Jersey.
A person was only eligible for an expungement if they were acquitted at Trial, Judge or jury or if the matter was dismissed following the pre-Trial motion or preliminary hearing. Now however, in Pennsylvania many non-violent felony convictions are eligible for limited access petitions (aka sealing) after 10 years. These include drug and property related thefts.
- A person who is convicted of a felony in the Commonwealth can petition the Court for limited access.
This means that in most situations employers cannot see a record on a background check. In addition to felonies a person could also petition the Court for a limited access petition for misdemeanor convictions 7 years following that conviction. In both felony and misdemeanor cases a person must remain arrest free at least 10 years prior to the petition in a case of a felony and 7 years prior to the petition in case of a misdemeanor. Finally, a summary convictions are automatically sealed after 5 years beginning June 2024.
- A limited access petition is not an expungement.
An expungement means that the record is entirely destroyed and removed from all criminal databases at the State and local level. In Pennsylvania, unlike New Jersey, a person is only eligible for an expungement for non-convictions. This would include ARD.
The only conviction which are eligible for expungement are summary offenses. These very low-level offenses are eligible for expungement 5 years following date of conviction, but the person must remain arrest free during that 5-year period. The only other exception to make a person eligible for a felony or misdemeanor convictions expungement would be if the person is at least 70 years old.
New Jersey vs. Pennsylvania –Expungements—What is the difference?
What is an expungement?
While the laws differ in the Commonwealth and the Garden State with regards to who and what crimes are eligible for an expungement, an expungement in both states means practically the same thing.
What is actually expunged from a criminal record in New Jersey and Pennsylvania?
If an expungement is granted, the expunged records will include the following information related to the crime or offense:
- the criminal complaint
- the arrest warrants
- the commitment (incarceration)
- the processing records
- the fingerprints
- the photographs (mug shot)
- the index cards, “rap sheets”, and judicial docket records.
How is New Jersey Different than Pennsylvania on Expungements
In New Jersey, individuals can obtain an expungement of criminal records even if a person is convicted of a felony or misdemeanor offense. Keep in mind that New Jersey doesn’t classify offenses in crimes like Pennsylvania. In Pennsylvania, the law is very clear that criminal convictions, with exception to summary offenses, aren’t eligible for expungement.
This means that a person who is convicted of a misdemeanor or felony offense will have a permanent criminal record within the Commonwealth. Recently, however, Pennsylvania has instituted a record sealing law which permits an individual to file a petition requesting that a court grant an order sealing their criminal record. Record sealing is different from an expungement and it simply limits persons who have access to the information.
In New Jersey, crimes of the 1st, 2nd, and 3rd degree would equate to felonies in Pennsylvania and they’re classified as “crimes” or indictable offenses in the Garden State. Indictable crimes in New Jersey would be offenses such as murder, manslaughter, robbery, aggravated assault, some drug offenses, gun crimes (Graves Act), and some DWI related offenses (assault by vehicle). Non-indictable crimes are “offenses” in New Jersey and would not be considered felony offenses in Pennsylvania. These would include crimes such as simple assault, some retail theft, some drug offenses, and DWI.
Indictable Offenses & Expungements—2C: 52-2
A major distinction between Pennsylvania and New Jersey is that, crimes (felonies) and offenses (aka disorderly persons offenses) (misdemeanors) are eligible for an expungement despite criminal convictions. With regards to an indictable offense, any person, despite a conviction, who has not been convicted of any prior or subsequent crime or has not been judged as a disorderly person or petty disorderly person on two or more occasions can apply for an expungement 10 years from the date of conviction, the payment of a fine, the release from incarceration, or the completion of probation or parole, whichever is later.
This individual, however, can first make an application 5 years after completing the matter. The court will grant the order for expungement if it finds that it is in the public’s interest, given due consideration to the nature of the offense and the applicant’s character and conduct since the conviction. The court will make this determination based on a number of factors including the fine imposed, the person’s age at the time of the offense, and other considerations.
While a number of crimes are eligible for expungement in the Garden State, the following are not:
- Criminal homicide except death by auto
- Kidnapping
- Luring or enticing
- Human trafficking
- Aggravated sexual assault
- Aggravated criminal sexual conduct
- Robbery
- Arson
- Endangering the welfare of a child by engaging in sexual conduct
- Selling or manufacturing child pornography
- Perjury
- False swearing
For more information on expungements in Pennsylvania and New Jersey, I encourage you to visit our office or give us a call!
