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Envision a Future Without a Criminal History

Posted by Joseph D. Lento | Jan 23, 2022 | 0 Comments

“Clean Slate” Law Offers Second Chance

You did the crime. You did the time. You paid restitution to your victims. Should you be burdened with a criminal record for the rest of your life? That depends upon the nature of the crime and how long it's been since you completed your sentence.

Your criminal record negatively impacts employment, housing, relationships, volunteer opportunities, and more. Your life prospects will greatly improve if you can get your misdemeanor record sealed. You would no longer be required to report your arrest or conviction in employment applications, and that career-killing information would not show up in routine background checks.

The Second Chance Law

In 2018, Pennsylvania was the first state in the nation to pass a “Clean Slate” law that requires or allows certain crimes to be sealed (hidden from public view). The intent of the clean-slate law is to give low-level offenders a second chance at the opportunities life affords people without a criminal history.

As of Oct. 22, 2020, more than 36 million criminal records had been sealed in Pennsylvania since July 2019, when the law took effect. Most of those records were and continue to be automatically sealed as cases become eligible.

Sealed Does Not Mean Expunged

Expunged means the complete erasure of the record. Except in very rare instances, criminal records involving misdemeanor or felony convictions cannot be expunged. When a record is sealed, only law enforcement, prosecutors, and judges will have access to the sealed records. For most purposes, your public criminal record will cease to exist.

With a sealed record, you can honestly deny a criminal history on everything from an employment application to a declaration of political candidacy. You will not show up on background searches of public records.

There is the notable exception for applications for high-security positions and professional licensing. If you're fingerprinted for your background check, it's advisable to disclose on your application because law enforcement agencies like the FBI have access to sealed records, in addition to professional licensing boards.

What Can and Cannot Be Sealed?

Felonies and other crimes, including firearms, violence, or sex offenses requiring registration, cannot be sealed.

With no other complicating factors, 2nd- and 3rd-degree nonviolent misdemeanors such as drunk-driving, shoplifting, or prostitution disappear automatically ten years after the completion of your sentence—if there are no intervening arrests, prosecutions, or convictions. Arrests and dismissed charges also are sealed after a decade.

In between automatic sealing and absolutely not, there is a large and complicated grey area of the law. Under Act 5 limited access, certain first-degree misdemeanors and ungraded offenses can be sealed by petitioning the conviction court.

Chance of Getting a Second Chance

Success in getting your record sealed will depend on meeting the tricky legal requirements and proving to the court you have rehabilitated yourself. Negotiating the minefield of legal details and presenting your best case to the court requires legal experience and expertise.

Call attorney Joseph D. Lento and the Lento Law Firm at 888-535-3686 for professional legal counsel. You could have a future without the burden of a criminal past.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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