How long you wait to clear a record in Pennsylvania
How long you wait in Pennsylvania for each kind of case, and what the waiting period is counted from.
Checked against official sources: October 25, 2026.
Short answer
Pennsylvania law sets a waiting period for each kind of case. The wait starts from a set event.
- Main remedy
- Expungement
- Waiting periods
- Charges dismissed, withdrawn or not prosecuted: No waiting period, counted from final disposition
Acquitted of all charges at trial: No waiting period, counted from acquittal
ARD (Accelerated Rehabilitative Disposition) completed: No waiting period, counted from dismissal after ARD
When can I file in Pennsylvania?
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Automatic relief in Pennsylvania
Records are sealed from the public without a petition: all non-conviction charges; summary convictions after 5 years; second- and third-degree misdemeanors and misdemeanors punishable by two years or less after 7 years free of any conviction punishable by one year or more; drug offenses under the Controlled Substance, Drug, Device and Cosmetic Act ('qualifying offenses') after 10 years free of such a conviction, unless the sentence was a minimum of 30 months or a maximum of 60 months or more; and conditionally pardoned convictions. Restitution must be paid. Not available for crimes against the person, offenses against the family, firearms offenses, registrable sex offenses, animal cruelty or corruption of minors; or if you have ever been convicted of any other felony, two or more offenses punishable by more than two years, four or more offenses punishable by one year or more, or certain listed offenses (such as indecent exposure). A conviction is also not sealed if the same case includes a conviction punishable by five years or more (this does not apply to drug 'qualifying offenses').
Source: within 30 days after disposition and payment of restitution
June 28, 2019; expanded by Act 83 of 2020 and by Act 36 of 2023 (signed Dec. 14, 2023; the 7-year misdemeanor and 10-year drug-offense rules took effect in June 2024, 180 days later).
Law: Act 56 of 2018
Law: 18 Pa.C.S. §§ 9102 ('qualifying offense'), 9122.2, 9122.3
Waiting periods: Expungement
Non-conviction records (charges dismissed, withdrawn, nolle prossed), acquittals, completed ARD programs, summary offense convictions, underage drinking convictions after age 21, pardoned convictions, and records of people 70 or older or who died three years ago.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Charges dismissed, withdrawn or not prosecuted | No waiting period You can file a petition for expungement any time after the case ends without a conviction. | Final disposition |
Acquitted of all charges at trial | No waiting period The court must expunge the record on its own within 12 months of the acquittal, unless the prosecutor shows it was a partial acquittal. | Acquittal |
ARD (Accelerated Rehabilitative Disposition) completed | No waiting period When the judge dismisses the charges after ARD, the judge also orders expungement, unless the prosecutor objects with good reasons. | Dismissal after ARD |
Summary offense conviction | 5 years You can petition after five years free of arrest or prosecution since the conviction. | Date of conviction |
Underage drinking conviction (18 Pa.C.S. 6308) | See the rule If you are 21 or older and finished the sentence, the court must expunge it on petition. | Completing the sentence, once you are 21 |
Age 70 or older, any conviction | 10 years If you are 70 or older and have been free of arrest or prosecution for ten years since final release, you can petition. | Final release from confinement or supervision |
Conviction with an unconditional pardon | No waiting period Pardoned convictions are sent by the Board of Pardons to the courts and expunged. | Pardon |
- Not eligible
- Most misdemeanor and felony convictions cannot be expunged (use limited access instead), unless pardoned or you are 70+. ARD cannot be expunged for rape, statutory sexual assault, IDSI, sexual assault, aggravated indecent assault, indecent assault, indecent exposure, and certain prostitution and obscenity offenses when the victim was under 18.
Law: 18 Pa.C.S. § 9122; Pa.R.Crim.P. 320, 490, 790
Source: Official text
Waiting periods: Petition for Limited Access
Misdemeanor convictions and ungraded offenses with a maximum penalty of five years or less; and, after 10 years, certain felonies other than first- or second-degree felonies: criminal mischief, criminal trespass, theft, forgery and fraud, public-assistance fraud, and drug offenses ('qualifying offenses').
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor conviction | 7 years You can petition after seven years with no conviction for an offense punishable by a year or more, once restitution and the limited access fee are paid. | Your last conviction for an offense punishable by one year or more |
Qualifying felony (not F1 or F2) | 10 years You can petition after ten years with no conviction for an offense punishable by a year or more, once restitution and the fee are paid. | Your last conviction for an offense punishable by one year or more |
- Not eligible
- Convictions punishable by more than two years for crimes against the person (except misdemeanor terroristic threats), offenses against the family, firearms offenses, registrable sex offenses, or corruption of minors. Also ineligible if you were ever convicted of murder, a first-degree felony or an offense punishable by 20+ years; or, in the last 15 years, a serious violent, family, firearms or sex felony, four or more offenses punishable by two+ years, or indecent exposure and certain other listed crimes; or, in the last 10 years, two or more offenses punishable by more than two years.
Law: 18 Pa.C.S. § 9122.1; Pa.R.Crim.P. 791
Source: Official text
In nearby states
- Maryland: Acquittal, dismissal or nolle prosequi: 3 years, counted from disposition
- District of Columbia: Arrest or charge, no conviction: No waiting period, counted from end of the case (dismissal, no papering, or other final disposition without conviction)
- New Jersey: Indictable offense (crime): 5 years, counted from the most recent conviction, payment of court-ordered fines and fees, completion of probation or parole, or release from incarceration, whichever is later
Your next steps in Pennsylvania
Get your court papers
Use the dates on your court papers, not your memory.
Look at the exclusions
Some offenses are never eligible, and a new case can restart or stop the clock.
Prepare your petition
After the wait, the next step is the petition. How to file.
Ask for free help
Legal aid can help for free: PALawHelp.org (Pennsylvania legal aid network) and Community Legal Services of Philadelphia - criminal records.
Where to get free help in Pennsylvania
Questions about waiting periods in Pennsylvania
Which records can be cleared in Pennsylvania?
Expungement: Non-conviction records (charges dismissed, withdrawn, nolle prossed), acquittals, completed ARD programs, summary offense convictions, underage drinking convictions after age 21, pardoned convictions, and records of people 70 or older or who died three years ago. Petition for Limited Access: Misdemeanor convictions and ungraded offenses with a maximum penalty of five years or less; and, after 10 years, certain felonies other than first- or second-degree felonies: criminal mischief, criminal trespass, theft, forgery and fraud, public-assistance fraud, and drug offenses ('qualifying offenses').
What is the waiting period in Pennsylvania?
Charges dismissed, withdrawn or not prosecuted: No waiting period, counted from final disposition; Acquitted of all charges at trial: No waiting period, counted from acquittal; ARD completed: No waiting period, counted from dismissal after ARD; Summary offense conviction: 5 years, counted from date of conviction.
Will Pennsylvania clear my record on its own?
Records are sealed from the public without a petition: all non-conviction charges; summary convictions after 5 years; second- and third-degree misdemeanors and misdemeanors punishable by two years or less after 7 years free of any conviction punishable by one year or more; drug offenses under the Controlled Substance, Drug, Device and Cosmetic Act ('qualifying offenses') after 10 years free of such a conviction, unless the sentence was a minimum of 30 months or a maximum of 60 months or more; and conditionally pardoned convictions. Restitution must be paid. Not available for crimes against the person, offenses against the family, firearms offenses, registrable sex offenses, animal cruelty or corruption of minors; or if you have ever been convicted of any other felony, two or more offenses punishable by more than two years, four or more offenses punishable by one year or more, or certain listed offenses (such as indecent exposure). A conviction is also not sealed if the same case includes a conviction punishable by five years or more (this does not apply to drug 'qualifying offenses').
Is there free help to clear a record in Pennsylvania?
PALawHelp.org (Pennsylvania legal aid network) and Community Legal Services of Philadelphia - criminal records.