Bipartisan bill to expand Pa.'s Clean Slate Law advances in state House
May 4—HARRISBURG — Momentum built Wednesday for the proposed expansion of Pennsylvania's Clean Slate Law with a House committee unanimously advancing a bill to the chamber floor that if ultimately signed into law, would broaden eligibility and speed up the sealing of criminal records.
Clean Slate automatically seals court records after 10 years of certain, not all, non-violent misdemeanor and summary offense convictions as well as criminal cases that don't lead to a conviction.
Eligibility is dependent on not having been convicted of another crime in the years since. Court-ordered restitution must first be paid to victims, however, records can be sealed if fines and court fees are outstanding.
Once a record is sealed, an arrest and conviction can be treated as if it had never occurred — particularly advantageous when seeking a job or housing.
The proposed expansion under House Bill 689 is a bipartisan effort led by Democratic Rep. Jordan Harris of Philadelphia and Republican Rep. Sheryl Delozier of Cumberland County. Both hold leadership positions with their respective party caucus.
All 21 members of the House Judiciary Committee voted to advance the measure including Rep. Tim Bonner, R-Mercer/Butler, Rep. Jim Rigby, R-Somerset/Cambria, and Rep. David Rowe, R-Union/Snyder/Juniata/Mifflin.
The bill seeks to expand eligibility to include third-degree felony convictions of drug offenses such as distribution or possession. Also included are theft, forgery and fraud including for public assistance, criminal mischief and criminal trespass.
The waiting period would drop to seven years to seal a misdemeanor offense and five years for a summary offense.
"Having a low-level felony is what we're dealing with, a non-violent felony. In most cases, drug crimes by people who were addicts themselves," Delozier said during Wednesday's committee meeting. "They've paid for that crime and now they've moved on. It's been 10 years since they've had interaction with police. They've proven themselves and they've earned that second chance."
Felonies of the second- and first-degree would remain ineligible as would certain crimes like indecent exposure, failure to comply with Megan's Law requirements and inmates found in possession of weapons or items for escape.
Pennsylvania's law adopted in 2018 was the first in the country to authorize automated sealing. Since then, more than 43 million records for 1.2 million people have been sealed, Harris said
"Those people live all over the commonwealth and are able to get back into employment and advance in employment because of this legislation," Harris said.
According to Harris, nine other states adopted similar legislation since Clean Slate became law in Pennsylvania and more than half of states in the country introduced such a measure. He added that a federal bill is also pending.
The effort is broadly supported by Republicans and Democrats along with justice reform advocates and business and industry associations like the Pennsylvania Chamber. They see it as an opportunity for a second chance and to help people re-enter and advance in the workforce.
The ACLU of Pennsylvania reports 1 in 3 Americans has a criminal record, largely for minor convictions. According to Community Legal Services of Philadelphia (CLS), 9 in 10 employers use background checks when hiring. Such checks are commonplace when seeking housing, too. And, CLS found that as much as $87 billion of the country's market value is lost annually due to unemployment or underemployment of people with criminal records.
