Ineligible convictions and eligible exclusions

Individuals convicted of the following offenses are NOT ELIGIBLE for Clean Slate

Offenses relating to criminal homicide, including:

  • Murder
  • Voluntary manslaughter
  • Involuntary manslaughter
  • Causing or aiding suicide
  • Drug delivery resulting in death.
  • Criminal homicide of law enforcement officer
  • See Chapter 25 of the Crimes Code

Offenses relating to crimes against an unborn child, including:

  • Criminal homicide of unborn child
  • Murder of unborn child
  • Voluntary manslaughter of unborn child
  • Aggravated assault of unborn child
  • See Chapter 26 of the Crimes Code

Offenses related to assault, including:

  • Simple assault
  • Aggravated assault
  • Assault of law enforcement officer
  • Assault by prisoner
  • Aggravated harassment by prisoner
  • Assault by life prisoner
  • Recklessly endangering another person
  • Terroristic threats
  • Propulsion of missiles into an occupied vehicle or onto a roadway
  • Discharge of a firearm into an occupied structure
  • Paintball guns and paintball markers
  • Use of tear or noxious gas in labor disputes
  • Harassment
  • Stalking
  • Ethnic intimidation
  • Assault on sports official
  • Neglect of care-dependent person
  • Abuse of care-dependent person
  • Unauthorized administration of intoxicant
  • Threat to use weapons of mass destruction
  • Weapons of mass destruction
  • Terrorism
  • Strangulation
  • See Chapter 27 of the Crimes Code

Offenses related to kidnapping, including:

  • Kidnapping
  • Unlawful restraint
  • False imprisonment
  • Interference with custody of children
  • Interference with custody of committed persons
  • Criminal coercion
  • Disposition of ransom
  • Concealment of whereabouts of a child
  • Luring a child into a motor vehicle or structure
  • See Chapter 29 of the Crimes Code

Offenses related to human trafficking:

  • Trafficking in individuals.
  • Involuntary servitude
  • Patronizing a victim of sexual servitude
  • Unlawful conduct regarding documents
  • Nonpayment of wages
  • Obstruction of justice
  • See Chapter 30 of the Crimes Code

Sexual offenses, including:

  • Rape
  • Statutory sexual assault
  • Involuntary deviate sexual intercourse
  • Sexual assault
  • Institutional sexual assault
  • Sexual assault by sports official, volunteer or employee of nonprofit association
  • Aggravated indecent assault
  • Indecent assault
  • Indecent exposure
  • Sexual intercourse with animal
  • Conduct relating to sex offenders
  • Unlawful dissemination of intimate image
  • Tiered sexual offenses and sexual offenses requiring registration, including: corruption of minors, sexual abuse of children, invasion of privacy, prostitution, obscene and other sexual materials, unlawful contact with minors, sexual exploitation of children and numerous federal sexual offenses
  • See Chapter 31 of the Crimes Code

Violations relating to abortion, including:

  • Medical consultation and judgment.
  • Informed consent
  • Determination of gestational age
  • Abortion on unborn child of 24 or more weeks gestational age
  • Infanticide
  • Payments and referral fees
  • Failure to file reports
  • Ordering an abortion
  • Fetal experimentation
  • False statements
  • See Chapter 32 of the Crimes Code

Offenses against the family, including:

  • Bigamy
  • Incest
  • Concealing death of child
  • Endangering welfare of children
  • Dealing in infant children
  • Newborn protection
  • See Chapter 43 of the Crimes Code

Offenses involving firearms, including:

  • Persons not to possess, use, manufacture, control, sell or transfer firearms
  • Firearms not to be carried without a license
  • Carrying loaded weapons other than firearms
  • Carrying firearms during emergency
  • Carrying firearms in public in Philadelphia
  • Licenses
  • Possession of firearm by minor
  • Possession of firearm with altered manufacturer’s number
  • Sale or transfer of firearms
  • Retail dealer required to be licensed
  • Licensing of dealers
  • Loans on, or lending or giving firearms prohibited
  • False evidence of identity
  • Altering or obliterating marks of identification
  • Use/possession prohibited bullets
  • Proof of license and exception
  • Locking devices
  • Carrying explosives on conveyances
  • Shipping explosives
  • See Chapter 61 of the Crimes Code

Miscellaneous offenses:

  • Cruelty to animals (not eligible for Clean Slate, but eligible for Act 5 Limited Access) – see Section 5533 of the Crimes Code

Selected offenses NOT ELIGIBLE for Clean Slate, but ELIGIBLE for Act 5

  • Simple assaults graded as second and third degree misdemeanors
  • Reckless endangerment
  • Harassment
  • Criminal coercion
  • Sale or transfer of firearms graded as second degree misdemeanors
  • Corruption of minors graded as summary offenses
  • Carrying loaded weapons other than firearms
  • Sale or transfer of firearms

This list is not exhaustive. Individuals interested in seeking Act 5 limited access should consult legal counsel to determine eligibility.