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| Clearance policy overview | Records of arrest can be set aside and sealed if no charges are filed at any time after 60 days from the date the prosecuting attorney indicates that the state has elected not to proceed with a prosecution or contempt proceeding. Or. Rev. Stat. § 137.225(1)(c). | Records of arrest can be set aside and sealed at any time after the dismissal of the charge or acquittal. Or. Rev. Stat. § 137.225(1)(d). | Records of a case in which a person is found guilty except for insanity on charges that could be set aside under Or. Rev. Stat. § 137.225, can be set aside and sealed between one to seven years depending on the offense. Or. Rev. Stat. § 137.223(2). | Records relating to arrests and charges are extracted from police department files when three years have passed since an arrest without conviction and there are no pending proceedings. 18 Pa. Cons. Stat. § 9121(b)(2)(i). | Records relating to a conviction can be expunged for a person at least 70 years of age with no arrests or charges in the 10 years following the completion of their sentence. 18 Pa. Cons. Stat. § 9122(b)(1). | Records relating to an underage alcohol conviction for a person over the age of 18 can be expunged when the person reaches 21. 18 Pa. Cons. Stat. § 9122(a)(3). | Records relating to a complaint that is not substantiated or where the petition is dismissed by the court may be expunged after 30 days' notice to the district attorney, so long as the person is not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(1). | Records relating to a written allegation that is not approved for prosecution can be expunged after 30 days' notice to the district attorney, so long as the person is not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(1.1). | Records relating to the person's successful completion of an informal adjustment can be expunged after 30 days' notice to the district attorney, so long as the person is not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(1.2). | Records relating to a consent decree or diversion program can be expunged after six months have elapsed since the final discharge from supervision, so long as the person is not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(2). | Records relating to a conviction for a summary offense can be expunged, so long as the person is 18 years of age or older and not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(2.1). | Records relating to a conviction of a violation relating to the purchase, consumption, possession, or transportation of liquor, malt, or brewed beverages can be expunged, so long as the person is 18 years of age or older and not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(2.2). | Records relating to a person adjudicated delinquent can be expunged, so long as five years have elapsed since the final discharge and the person is not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(3). | A record relating to a juvenile delinquency case can be expunged at the discretion of the court, so long as the person has the consent of the attorney for the Commonwealth and is not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(4). | Access to records relating to certain misdemeanor convictions can be limited by the court ten years after the date of conviction, so long as the person has no subsequent felony or misdemeanor conviction. 18 Pa. Cons. Stat. § 9122.1. See section section 9122.1(b) for ineligible offenses. 18 Pa. Cons. Stat. § 9122.1. | Records relating to a summary offense can be expunged five years after conviction, so long as the person has no arrests or charges in that time. 18 Pa. Cons. Stat. § 9122(b)(3), Pa. R. Crim. P. 490. | Records relating to certain offenses can be vacated by the court if the petitioner committed the offense as a direct result of being a victim of human trafficking. 18 Pa. Cons. Stat. § 3019(d). | Access to records relating to convictions for summary offenses and certain misdemeanors are limited by the court after 10 years. Pa. Cons. Stat. § 9122.2 | Records relating to a first controlled substance offense are expunged upon dismissal following probation without verdict. 35 P.S. §§ 780-117, 780-119. | Records of a first-time offense can be expunged upon the dismissal following an accelerated rehabilitative disposition (ARD). 18 Pa. Cons. Stat. § 9122, Pa. R. Crim. P. 320. |
| Ineligible Category or Citation | Only Or. Rev. Stat. § 137.225 (5) - (8) is eligible. | See subsections (5), (6), (7), and (8) of this section for ineligible offenses. Or. Rev. Stat. § 137.255. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | This statute applies only to violations of section 6308 of title 18 which occurred on or after the person turned 18 years old. 18 Pa. Cons. Stat. § 9122. | The person is ineligible for expungement if the person was adjudicated for an offense when the person was 14 years old or older at the time of the offense which, if committed by an adult, would be classified as: (a) an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault; or (b) an attempt, solicitation, or conspiracy to commitment an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault. 18 Pa. Cons. Stat. § 9123(a.1)(1). | The person is ineligible for expungement if the person was adjudicated for an offense when the person was 14 years old or older at the time of the offense which, if committed by an adult, would be classified as: (a) an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault; or (b) an attempt, solicitation, or conspiracy to commitment an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault. 18 Pa. Cons. Stat. § 9123(a.1)(1). | The person is ineligible for expungement under this section if the person: (a) has a proceeding seeking adjudication or conviction pending; (b) was adjudicated for an offense committed when the person was 14 years old or older that, if committed by an adult, would be classified as an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault; or (c) was adjudicated for an offense committed when the person was 14 years old or older that, if committed by an adult, would be classified as an attempt, solicitation, or conspiracy to commitment an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault. 18 Pa. Cons. Stat. § 9123. | The person is ineligible for expungement under this section if the person: (a) has a proceeding seeking adjudication or conviction pending; (b) was adjudicated for an offense committed when the person was 14 years old or older that, if committed by an adult, would be classified as an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault; or (c) was adjudicated for an offense committed when the person was 14 years old or older that, if committed by an adult, would be classified as an attempt, solicitation, or conspiracy to commitment an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault.18 Pa. Cons. Stat. § 9123. | The person is ineligible for expungement under this section if the person: (a) was over 18 years of age at the time the summary offense was committed; (b) has a proceeding seeking adjudication or conviction pending; (c) was adjudicated for an offense committed when the person was 14 years old or older that, if committed by an adult, would be classified as an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault; (d) was adjudicated for an offense committed when the person was 14 years old or older that, if committed by an adult, would be classified as an attempt, solicitation, or conspiracy to commitment an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault; (e) was convicted of an offense related to the purchase, consumption, possession, or transportation of liquor or malt or brewed beverages; or (f) was subsequently convicted of a felony, misdemeanor, or adjudicated delinquent. 18 Pa.C.S.A. § 9123. | The person is ineligible for expungement if the person was adjudicated for an offense when the person was 14 years old or older at the time of the offense which, if committed by an adult, would be classified as: (a) an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault; or (b) an attempt, solicitation, or conspiracy to commitment an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault. 18 Pa. Cons. Stat. § 9123(a.1)(1). The person is ineligible for expungement under this section if the offense took place when the person was 18 years old or older. 18 Pa. Cons. Stat. § 9123(a)(2.2). | The person is ineligible for expungement under this section if the person: (a) was adjudicated for an offense committed when the person was 14 years old or older that, if committed by an adult, would be classified as an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault; (b) was adjudicated for an offense committed when the person was 14 years old or older that, if committed by an adult, would be classified as an attempt, solicitation, or conspiracy to commitment an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault; (c) was subsequently convicted of a felony, misdemeanor, or adjudicated delinquent; or (d) has a proceeding seeking adjudication or conviction pending. 18 Pa.C.S.A. § 9123. | The person is ineligible for expungement if the person: (a) was adjudicated for an offense committed when the person was 14 years old or older that, if committed by an adult, would be classified as an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault; or (b) was adjudicated for an offense committed when the person was 14 years old or older that, if committed by an adult, would be classified as an attempt, solicitation, or conspiracy to commitment an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault. 18 Pa. Cons. Stat. § 9123(a.1). | See section section 9122.1(b) for ineligible offenses. 18 Pa. Cons. Stat. § 9122.1. | There is no statutory language regarding ineligible offenses. | This provision applies only to certain convictions, including offenses for simple possession of a controlled substance. 18 Pa. Cons. Stat. § 3019(d)(1). | See Pa. Con. Stat. § 9122.3. | See 35 P.S. section 780-117(1) for offenses ineligible for probation without verdict. | Offenses listed in section 9122(b.1) of title 18 where the victim was less than 18 years of age. | |
| Clearance Process | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | By petition or court's own motion | By petition or court's own motion | By petition or court's own motion | By petition or court's own motion | By petition or court's own motion | By petition or court's own motion | By petition or court's own motion | By petition or court's own motion | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Automatic |
| Waiting Periods | There is a 60 day waiting period. | The petition can be filed any time after the dismissal or acquittal, if the petitioner has no arrests in the preceding three years excluding minor vehicle violations, and no convictions in the past 10 years, excluding minor vehicle violations. | Depending on the offense, the petition may be filed one to seven years after the date of judgment. | The information is removed three years after arrest. | The petition may be filed once petition reaches age 70 and 10 years have passed since sentence completion. | The petition can be filed once petitioner reaches the age of 21. | The petition can be filed at any time after the matter is dismissed. | The petition can be filed at any time after the allegation is not approved for prosecution. | The petition can be filed at any time after the successful completion of an information adjustment. | The petition can be filed after six months have elapsed since the final discharge of the person from supervision under a consent decree or diversion program. | The petition can be filed if the person is 18 years of age or older and six months have elapsed since the person satisfied all terms and conditions of the sentence imposed following a conviction for a summary offense. | The petition can be filed if the person is 18 years of age or older and six months have elapsed since the individual has satisfied all terms and conditions of the sentence imposed for the violation, including any suspension of operating privileges imposed under section 6310.4. 18 Pa. Cons. Stat. § 9123(a)(2.2). | The petition can be filed after five years have elapsed since the final discharge of the person from commitment, placement, probation, or any other disposition and referral. | The petition can be filed at any time. | The petition can be filed 10 years after the date of conviction. | The petition can be filed five years after the date of conviction. | There is no statutory language regarding a waiting period. | Access will be limited 10 years after conviction in the case of a summary offense, and 10 years after the person's last criminal conviction in the case of a misdemeanor, provided that all financial obligations of the sentence are complete. | The record is destroyed upon dismissal following probation without verdict. | The record is expunged upon the dismissal following an accelerated rehabilitative disposition, unless the prosecutor presents compelling reasons why the record should be retained. |
| Fees | The department shall establish a fee in an amount not to exceed the actual cost of performing the criminal record check. The prosecuting attorney may not charge the person a fee for performing the requirements described in this section. ORS § 137.225 (2)(d)-(e). | The department shall establish a fee in an amount not to exceed the actual cost of performing the criminal record check. The prosecuting attorney may not charge the person a fee for performing the requirements described in this section. ORS § 137.225 (2)(d)-(e). | The department shall establish a fee in an amount not to exceed the actual cost of performing the criminal record check. The prosecuting attorney may not charge the person a fee for performing the requirements described in this section. ORS § 137.223 (3)(c)-(d). | There is no statutory language regarding fees. | A $132 fee must be paid to the clerk of courts. 42 Pa. Cons. Stat. § 1725.7. | A $132 fee must be paid to the clerk of courts. 42 Pa.C.S. § 1725.7. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | A $132 fee will be paid to the clerk of courts. 42 Pa. Cons. Stat. § 1725.7. | A $132 fee must be paid to the clerk of courts. 42 Pa.C.S. § 1725.7. | There is no statutory language regarding fees. | There are no fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. |
| Effect | The arrest is deemed not to have occurred, and the person can answer accordingly. Or. Rev. Stat. § 137.225(4) | The arrest is deemed not to have occurred, and the person can answer accordingly. Or. Rev. Stat. § 137.225(4). | The person is deemed not to have been found guilty except for insanity, and the court issues an order sealing the records of the case, including the records of arrest. Or. Rev. Stat. § 137.223(5)(a)(A). | The person's non-conviction information in police department records is not disclosed to the public. 18 Pa. Cons. Stat. § 9121(b)(2)(i). | Information is removed without a trace, or identifiers of the person are eliminated, or records are maintained by the central repository and the prosecuting attorney for the uses specified in section 9122(c). 18 Pa. Cons. Stat. §§ 9102, 9122(c). | Information is removed without a trace, or identifiers of the person are eliminated, or records are maintained by the central repository and the prosecuting attorney for the uses specified in section 9122(c). 18 Pa.C.S. §§ 9102, 9122(c). | Expunge means to remove information so that there is no trace or indication that such information existed; to eliminate all identifiers which can be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or the maintenance of certain information collected after an individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. 18 Pa. Cons. Stat. § 9102. | Expunge means to remove information so that there is no trace or indication that such information existed; to eliminate all identifiers which can be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or the maintenance of certain information collected after an individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. 18 Pa. Cons. Stat. § 9102. | Expunge means to remove information so that there is no trace or indication that such information existed; to eliminate all identifiers which can be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or the maintenance of certain information collected after an individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. 18 Pa. Cons. Stat. § 9102. | Expunge means to remove information so that there is no trace or indication that such information existed; to eliminate all identifiers which can be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or the maintenance of certain information collected after an individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. 18 Pa. Cons. Stat. § 9102. | Expunge means to remove information so that there is no trace or indication that such information existed; to eliminate all identifiers which can be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or the maintenance of certain information collected after an individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. 18 Pa. Cons. Stat. § 9102. | Expungement will include all criminal history record information and all administrative records of the Department of Transportation relating to the conviction. 18 Pa. Cons. Stat. § 9123(a)(2.2). Expunge means to remove information so that there is no trace or indication that such information existed; to eliminate all identifiers which can be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or the maintenance of certain information collected after an individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. 18 Pa. Cons. Stat. § 9102. | Expunge means to remove information so that there is no trace or indication that such information existed; to eliminate all identifiers which can be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or the maintenance of certain information collected after an individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. 18 Pa. Cons. Stat. § 9102. | Expunge means to remove information so that there is no trace or indication that such information existed; to eliminate all identifiers which can be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or the maintenance of certain information collected after an individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. 18 Pa. Cons. Stat. § 9102. | The person's record can only be disseminated to a criminal justice agency or government agency specified in section 9121(b.1) and (b.2). 18 Pa. Cons. Stat. § 9122.1. | Information is removed without a trace, or identifiers of the person are eliminated, or records are maintained by the central repository and the prosecuting attorney for the uses specified in section 9122(c). 18 Pa. Cons. Stat. §§ 9102, 9122(c). | The conviction is vacated and the court strikes the adjudication of guilt and orders the expungement of the criminal proceedings. 18 Pa. Cons. Stat. § 3019(g). | The person's record may only be disseminated to a criminal justice or government agency specified in 18 Pa.C.S. section 9121(b.1) and (b.2). 18 Pa.C.S. § 9122.1. | Records are destroyed. No person is permitted to learn of an expunged arrest or prosecution. 35 P.S. § 780-119. | Information is removed without a trace, or identifiers of the person are eliminated, or records are maintained by the central repository and the prosecuting attorney for the uses specified in section 9122(c). 18 Pa. Cons. Stat. §§ 9102, 9122(c). |
| Remedy | Set Aside | Set Aside | Seal | Delete | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Seal | Expunge | Vacate | Seal | Expunge | Expunge |
