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Charges dismissed, withdrawn or not prosecuted: No waiting period, counted from final disposition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.

Worked out in your browser. Nothing you enter here is saved or sent.

Enter the date the waiting period runs from. Use the date on your court papers.

Pick your kind of case and enter the date

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 caseWaiting periodCounted 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 caseWaiting periodCounted 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

  1. Get your court papers

    Use the dates on your court papers, not your memory.

  2. Look at the exclusions

    Some offenses are never eligible, and a new case can restart or stop the clock.

  3. Prepare your petition

    After the wait, the next step is the petition. How to file.

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.

Related Pennsylvania pages