Per SB 166, effective November 14, 2016, people convicted of certain second and third degree misdemeanors and ungraded offenses with a maximum penalty of two years may obtain an Order of Limited Access from the court to seal the record. The Order prohibits state or local police departments, courts, and other state agencies from providing information related to the conviction, arrest, or other information to anyone including employers and landlords. There are few exceptions. Law enforcement agencies will be able to share information with other law enforcement agencies, with courts, and certain governmental agencies for licensing purposes, described in section 9121(b.1) and 9124(a).
The eligibility requirements include:
- No convictions for 10 years (beginning from your conviction date or date of completion of supervision, including probation-whichever is later)
- Only second or third degree misdemeanors or ungraded offenses that carry no more than 2 years as a maximum sentence
- No more than 3 eligible misdemeanor convictions
- No felony or first degree misdemeanor convictions
- No convictions of any of the following offenses: sexual intercourse with an animal (3129), impersonating a public servant (4912), intimidation of or retaliation against a witness (4952, 4953), obstruction of a child abuse case (4958), any sex offense conviction that requires registration under Meghan's Law (42 Pa.C.S. Ch. 97), or simple assault (M2 assault or second degree misdemeanor assault)
Obviously, data aggregators will need to constantly update (redact) their DBs.
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