Berks Barrister Summer 2019 - 15

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respond as though the offenses never were charged or, in instances
of convictions, never occurred.

Unlike expungements, a sealed record still exists. The sealed
records will be available to criminal justice agencies, licensing
agencies, and employers that require FBI criminal background
checks for employment such as schools. For such organizations
requiring disclosure by law, an individual must disclose the criminal
history relevant to the requested information. However, the firstdegree misdemeanor will not be accessible in the public domain for
employers or the general public to view.

When considering whether an eligible conviction can be sealed,
the individual's entire criminal record needs reviewing. Some prior
convictions make otherwise sealable misdemeanors disqualified
for sealing. Specifically, any prior felony, two or more first-degree
misdemeanors or four or more ungraded misdemeanors disqualify
sealing of other misdemeanor convictions which are otherwise
sealable. These misdemeanors will not be sealable under Clean
Slate.
Charges that were dismissed, withdrawn or resulted in an
acquittal following trial are now automatically sealable, under
Clean Slate. After June 28, 2019, such non-convictions will be
sealed within 60 days of the dismissal, withdrawal or acquittal.

Clean Slate gives courts across the Commonwealth and the
AOPC until June 29, 2020 to comply fully. While the automatic
sealing could take until June 29, 2020, an individual still has the
Limited Access Law available to seal a record if the sealing cannot
be delayed.

In the future, the AOPC will identify cases of those individuals
whose records are eligible for sealing under Clean Slate on a
regular monthly basis. Once identified, the lists of individuals
whose records require sealing will be sent to the Court of
Common Pleas for a judicial "Order of Nondisclosure" to be
signed.
To review criminal records in Pennsylvania, go to https://
ujsportal.pacourts.us/CP.aspx. Criminal records for all crimes
can be found at this site unless sealed under the Limited
Access Law or otherwise expunged after successful completion
of a diversionary program such as Accelerated Rehabilitative
Disposition or ARD.

In conclusion, Clean Slate expands the limited access sealing
to include automatic sealing of some misdemeanors without
the requirement of filing a petition. First-degree misdemeanors
are sealable but only upon filing a petition. Clean Slate excludes
certain types of misdemeanors. Clean Slate also disqualifies some
misdemeanors from sealing or are otherwise not eligible for
sealing because of an individual's prior criminal record. While the
automatic sealing of records must be completed by June 29, 2020,
an individual still has the Limited Access Law available to seal
second- and third-degree misdemeanors if delay would be harmful
to the individual's interest.
Ms. Mertz is a criminal defense attorney with Polyak Law
Office in Reading, a member of the Berks County Bar
Association Board of Directors and Co-Chair of the Bar
Association's Criminal Defense Section.

Seven questions for estate and financial advisors:
1. Do I have clients who care deeply about their local community?
2. Do they give to more than one charitable cause?
3. Are they interested in creating a personal or family legacy in their community?
4. Are they considering creating a private foundation?
5. Would they like to stay personally involved in the use of their gift dollars?
6. Do they want to receive maximum tax benefit for their charitable contributions?
7. Do they place a priority on sound financial management of their contributions?
If you answered yes to any of these questions,
your clients would benefit from giving through
Berks County Community Foundation.
ESENT
PR
S

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Summer 2019 | 15

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Berks Barrister Summer 2019

Table of Contents for the Digital Edition of Berks Barrister Summer 2019