Many Pennsylvanians have past criminal convictions that were affected by the PA “Clean Slate” law. This law, passed in 2018 and expanded in 2023, aimed to scrub these convictions from records. However, it doesn’t mean the record is entirely gone or that all consequences disappear.
While private employers and the public generally cannot access a criminal record covered by Clean Slate, the record still exists. More importantly, many legal consequences of the conviction continue to apply. For example, individuals with Clean Slate records may still need to disclose past convictions in certain circumstances. They can be charged as repeat offenders if they commit new crimes. And if the original conviction resulted in losing firearms rights, that prohibition remains unless they obtain additional legal relief.
The Clean Slate Act (detailed in 18 Pa.C.S. § 9122.2) allows certain convictions to be automatically moved to a “limited access” status. This typically applies to nonviolent misdemeanors and drug- or theft-related felonies after a set time, ranging from 5 to 10 years depending on the offense. For some other qualifying offenses, limited access can be granted if a petition is filed with a court.
Federal law (18 U.S.C. § 921(a)(20)) prohibits individuals with certain criminal convictions from purchasing, possessing, or using firearms. These convictions include felonies and also more serious state-level misdemeanors, such as a Pennsylvania Misdemeanor of the First Degree. A person can only regain their firearm rights if they obtain a restoration of civil rights, an expungement, or a pardon.
Records placed in limited access under Pennsylvania’s Clean Slate Act are still available for various purposes, including use by law enforcement. Because they remain accessible, these records are not considered “expunged” as required by federal law. Therefore, someone with a prohibiting conviction under limited access who attempts to purchase a firearm will likely be denied during the background check and may face prosecution for making a false statement on the application form.
Having limited access to firearms does not remove a firearms ban under Pennsylvania state law (18 Pa.C.S. § 6105). However, in the rare situation where someone is banned only by Pennsylvania law and not Federal law, lifting the ban is relatively simple.
Removing a Federal firearms ban after a criminal conviction, on the other hand, is much harder. This is because Pennsylvania does not have a process to restore civil rights after a conviction, and it’s rare for people under 70 to get their records expunged. Consequently, most individuals seeking to lift a firearms ban will need a Governor’s pardon. This involves a long application and review process handled by the PA Board of Pardons. Since the pardon is discretionary, many applicants are ultimately unsuccessful. However, getting qualified legal help as early as possible significantly improves your chances.
If you or someone you know has been the victim of an unconstitutional firearm regulation, or would like to discuss your rights or obligations under this new regulation, contact FICG today to discuss your options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.