Delco re:View Summer 2019 - 18

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New Clean Slate Law:
PA Began Automated
Record Sealing June 28
By Marion Hoffman Fraley | Communications Manager | Legal Aid of Southeastern PA

Clean Slate process
The new Clean Slate law allows individuals with criminal
records, including some first-degree misdemeanors, to have
those records sealed. Sealed records are not publicly accessible,
but law enforcement, courts and some employers retain limited
access to view them. Depending on the number and severity of
the convictions, those seeking to clear their record under Clean
Slate will need to wait 10-20 years after their convictions to be
eligible.

F

or Pennsylvanians with minor convictions and no further
misdemeanor or felony convictions, there's potential for
a second chance: Under the groundbreaking Clean Slate
law, automated sealing of certain criminal records began June
28, 2019. In addition to improved job and housing opportunities,
individuals eligible for automated record sealing will no longer
need to pay expungement filing fees as they seek a fresh start.
With an estimated 30 million records now eligible for
automated sealing, the state has allotted a year to complete all of
the sealings covered under the law, through June 27, 2020.
Sharon Dietrich, Litigation Director and Managing Attorney
of Community Legal Services of Philadelphia (CLS), said,
"The Administrative Office of Pennsylvania Courts and
the Pennsylvania State Police are on target for successful
implementation of automated sealing by the onset date." CLS
was instrumental in advocating for and securing passage of the
Clean Slate Act.

18 | Summer 2019

To qualify for record-sealing, petitioners also must be free of
additional misdemeanor or felony convictions during those 10-20
years. All fines, costs and restitution must be paid. The 10-year
clock starts on the disposition date (date of conviction or guilty
plea). "Probation counts toward the 10-year clock," noted Erica
Briant, LASP Regional Expungement Attorney.
"Felony convictions can never be sealed," Briant said.

Automated record sealing
Briant explained that automated record-sealing will include
many non-convictions, summary convictions after 10-20
years, and many nonviolent ungraded, second- or third-degree
misdemeanors. For other cases, a petition must be filed with the
court in order to seal records.
The PA Supreme Court answers frequently asked questions:
http://bit.ly/2X2mX7p.
http://www.DelcoBar.org http://www.bit.ly/2X2mX7p
Delco re:View Summer 2019

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