Recent changes to the law effective on December 26, 2018.
Act 5 limited access is similar to Clean Slate, but it is not automatic. It is applicable to criminal history record information pertaining to a broader list of offenses than Clean Slate. Act 5 limited access allows individuals who serve their punishment and complete court-ordered obligations to petition the court to seal the record from public view. Individuals must remain free of arrest or prosecution for 10 years for offenses punishable by one or more years in prison.
Many of the same records that will be automatically sealed via Clean Slate when it becomes effective in 2019 can be sealed sooner under Act 5. Individuals with criminal history record information eligible for Clean Slate might wish to petition under Act 5 instead. Additionally, criminal history record information for certain offenses not automatically sealable under Clean Slate is eligible for sealing under Act 5. See Clean Slate Ineligible convictions and eligible exclusions
Individuals convicted of “qualifying misdemeanors” or ungraded offenses punishable by five years or less in prison are eligible for Act 5 limited access to criminal history record information pertaining to the offenses.
Individuals convicted of the following offenses when graded as a misdemeanor of the first degree are not eligible for Act 5 limited access:
- Crimes involving danger to persons, crimes against families and firearm offenses
- Tiered sexual offenses or those requiring registration as a sexual offender
- Corruption of minors
- Attempt, conspiracy, or solicitation to commit any exempted offense
- List of ineligible offenses
Additionally, individuals convicted of any of the following are not eligible for Act 5 limited access at any time:
Murder, first degree felonies and offenses punishable by 20 or more years in prison
In the previous 20 years:
- Felony crimes involving danger to persons and crimes against the family, firearm offenses, tiered sexual offenses or those requiring registration as a sexual offender, or
- Four or more misdemeanors graded as second degree or higher
In the previous 15 years:
- Two or more misdemeanors of the first degree or higher, or
- Indecent exposure, sexual intercourse with an animal, failure to comply with registration as a sexual offender, weapons or implements of escape, abuse of a corpse, and unlawful paramilitary training.
If you wish to petition for limited access under Act 5, submit the Act 5 petition form to the court of common pleas where the offense occurred.