Pennsylvania Clean Slate 3.0

A pioneer in automated criminal record sealing, Pennsylvania's Clean Slate law has already sealed over 40 million cases. The original law, which took effect in 2019, aims to reduce barriers to employment, housing, and education for people with criminal records. We covered similar laws in 2023 in Connecticut and New York.

Pennsylvania has taken notes from some of its successors and responded with Pennsylvania H.B. 689, also known as Clean Slate 3.0. This amendment will expand the scope and reduce the waiting period of record sealing for certain offenses. On December 14, Clean Slate 3.0 was signed by Governor Shapiro and will be implemented in two phases in 2024.

What records are eligible for sealing?

Notably, this is the first time in Pennsylvania's history that felonies will be eligible for sealing from public view. The amendment builds on the previous legislative action by making certain property-related and drug felonies eligible for sealing. Additionally, starting in June 2024, certain eligibility waiting periods will be shortened. Here are some key details of the changes:

• Expansions on eligible records effective February 12, 2024:
  • Expands automatic sealing eligibility for certain drug felonies after ten years of a misdemeanor or felony conviction.
  • Expands petition sealing eligibility for some property-related third-degree felony offenses (e.g., theft and forgery) if restitution to the victim has been paid and a sealing petition has been granted.

• Reduced waiting periods effective June 11, 2024

• • Reduces the waiting period for sealing a misdemeanor offense from 10 years to 7 years of being conviction-free.
  • Reduces the waiting period for sealing a summary offense to 5 years.

Drug-related felonies will not be eligible for sealing if a prison sentence of 30 months or more is imposed, which excludes more serious cases such as trafficking. The complete list of generally eligible misdemeanors and felonies can be found here.

What does this mean for employers?

Employers should be aware of the changes brought by Clean Slate 3.0 and how they may affect their hiring and background screening practices. Under Pennsylvania's 2019 Clean Slate Act, it is generally prohibited for employers to:

• Access sealed records: Employers cannot obtain or use sealed records from any source, including the courts, law enforcement agencies, or third-party vendors.
• Inquire about sealed records: Employers cannot ask applicants or employees about their sealed records, either verbally or in writing.
• Discriminate based on sealed records: Employers cannot deny employment, promotion, or any other benefit based on sealed records. Employers are also generally barred from taking any adverse action against an applicant or employee because of their sealed records.

The complete revision to the law can be found here.

Impact on background screening

By expanding and accelerating record sealing, Clean Slate 3.0 can help more Pennsylvanians overcome the stigma and collateral consequences of their past mistakes and move forward with their lives. Although Clean Slate Act 3.0 only applies to criminal records in the State of Pennsylvania, it may affect out-of-state employers whose employees and candidates possess qualifying criminal records in Pennsylvania.

Other variations of clean slate laws are becoming more common across the United States. Verified Credentials continues to monitor the status of these updates and is committed to providing our clients with updates as they are available. Employers looking for more information on how this could affect them may want to consult their legal counsel.