On February 16, 2016, Governor Tom Wolf changed the way the public can learn of or gain access to certain prior convictions in Pennsylvania. The new law permits a person to request a Court to seal records of certain past conviction so that only members of law enforcement and state licensing agencies may have access to those records.

Prior to the signing of this Senate Bill, only under extremely rare circumstances could a conviction for anything over a summary level offense be sealed by a Court. However, under the new law, PA convictions for most lower level offenses (misdemeanors or the 2^nd or 3^rd degree, or ungraded offenses which have a maximum imprisonment of two years) may be sealed by the Court after a period of 10 years from the date of conviction or release from prison or completion of probation/parole, whichever is later.

Certain lower level offenses are specifically excluded from the new law, including but not limited to most simple assaults, retaliation against a witness, Megan’s Law offenses, and 4 or more offenses punishable by 1 or more years in prison.

Law enforcement agencies and state licensing agencies will still have access to the otherwise sealed convictions. However, as a practical matter, no other agencies will be permitted to access such conviction, and no person who has had a past conviction sealed shall be required to disclose the sealed conviction. Therefore, a person who has had a prior conviction sealed may legally and safely state to employers, potential employers, financial institutions, housing agencies, etc. that he/she has never been conviction of the sealed offense.

The new law takes effect in 270 days from February 16, 2016.

Dan Bush is a criminal defense attorney at Lamb McErlane’s West Chester, PA location.  Dan chairs Lamb McErlane’s criminal litigation department and is a partner in the firm.  He is a former prosecutor in the Chester County District Attorney’s office who has twenty years of experience prosecuting and defending individuals charged with a crime.

Contact criminal defense attorney Dan Bush at dbush@lambmcerlane.com. 610-430-8000.