Research Brief: Eligibility Criteria and Record Sealing Access in Pennsylvania

Pennsylvania has been a national leader in automated record sealing since 2018, with Clean Slate legislation there sealing more than 40 million records for over 1.6 million people. In 2023, the state passed Clean Slate 3.0, expanding access to record sealing to include some low-level felony convictions, shortening waiting periods, and ensuring sealed records can’t be used against people in employment, housing, or education.

A new study, funded by The Clean Slate Initiative and conducted by RTI International, examines how these eligibility rules shape who can access record relief. Using Pennsylvania Commission on Sentencing conviction data (2008-2021, focusing on 2008-2010 convictions), the research highlights several key findings:

• Racial disparities in automation eligibility remain. Despite Clean Slate’s success, current eligibility criteria disproportionately exclude Black Pennsylvanians and other people of color compared to White residents. These disparities are particularly pronounced in misdemeanor cases.

• Waiting periods could be shorter. Current law requires individuals to remain conviction-free for seven years for misdemeanors and ten years for qualifying drug felonies. Yet the study shows that reconviction rates drop steadily after one year and fall to 5% or less within five years for both groups. This suggests that long waiting periods unnecessarily delay relief for many people who pose minimal public safety risk.
  
  
• Rules could be more flexible. Eligibility rules for drug felonies often disqualify individuals based on narrow criteria, such as a single additional conviction or one extra year. The study found that these marginal differences did not significantly predict future offending, indicating that more flexible rules could expand access responsibly. 

Clean Slate 3.0 in Pennsylvania represents significant progress through incremental policy expansion. The study suggests that refining eligibility rules, such as shortening waiting periods, addressing racial disparities, and introducing more flexibility, could make record sealing more equitable and impactful without compromising public safety.