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All Pennsylvanians Will Benefit from a Clean Slate Policy for Minor Criminal Records
Between 70 million and 100 million—or 1 in 3 Americans—have some type of criminal record. In Pennsylvania, this translates into nearly 3 million of the commonwealth’s citizens.
Many have only minor records, such as misdemeanors, summary offenses, or arrests without conviction. Nonetheless, even a minor criminal record can present lifetime barriers to opportunity, putting jobs, housing, education, and more out of reach. Enabling Pennsylvanians with minor criminal records to earn a clean slate would make it possible for them to get past these barriers, get to work, and provide for their families—while strengthening the economy and enhancing public safety.
A clean slate allows minor nonviolent cases to be automatically sealed after time has passed without subsequent conviction of a felony or a misdemeanor. This means they are only available to law enforcement, but not the public. For misdemeanors, that period is 10 years. For summary offenses, it is 5 years. For arrests that did not result in a conviction, there is no waiting period.
A clean slate is an agreement with the person with the criminal record. If you remain crime-free for the required period of time, your case will be sealed. No petition for sealing or court order is needed.
People with nonviolent misdemeanor convictions who do not commit another crime within four to seven years are no more likely to commit a crime in the future than the general population.
People who have redeemed themselves are trapped by lifetime barriers. For instance, nearly 9 in 10 employers, 4 in 5 landlords, and 3 in 5 colleges use criminal record background checks, putting employment, housing, and higher education out of reach for many. To help alleviate these barriers, 23 states and Washington, D.C., have expanded their record-clearing laws since 2009.
A clean slate is automatic. Individuals do not need to file record-clearing petitions one by one. This reduces a burdensome workload for the courts and makes it easier for those trying to find employment, housing, and other basic needs for their future success.
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