Many Pennsylvanians have had past criminal convictions that were subject to the PA “Clean Slate” law, passed in 2018 and recently expanded in 2023, resulting in the convictions being scrubbed from their record – or at least, so one might think. While a criminal record subject to the Clean Slate law won’t generally be accessible to private employers or the general public, it’s not gone forever, and many legal consequences of a conviction remain in place. Clean Slate beneficiaries will still be required to disclose past convictions in some circumstances, can be charged as repeat offenders of they reoffend in the future, and – if the conviction was one that led to the loss of firearms rights – will continue to be prohibited from purchasing or possessing firearms or ammunition unless they obtain further legal relief.
The Clean Slate Act itself, with its relevant provisions codified at 18 Pa.C.S. § 9122.2, provides for eligible convictions (generally, nonviolent misdemeanors or drug- and theft-related felonies) to be moved to a “limited access” status automatically after a set period of time, which varies from 5 to 10 years based on the offense. Limited access can also be granted for some other qualifying offenses by bringing a petition before a court.
Under Federal law, 18 U.S.C. § 921(a)(20), a person is prohibited from purchasing, possessing, or otherwise utilizing firearms, by a qualifying criminal conviction (which includes not only felony offenses, but also more serious state-law misdemeanors such as a Pennsylvania Misdemeanor of the First Degree) unless they can obtain either a restoration of civil rights, an expungement, or a pardon. Records placed in limited access pursuant to the Clean Slate Act are still available for a variety of purposes, including for law enforcement use, and thus are not “expunged,” as required by federal law. Also, because the record of the conviction is still available for law enforcement use, a person with prohibiting convictions subject to limited access who attempts to purchase a firearm will likely be denied at the background check stage and may be subjected to prosecution for making a false statement on the application form.
Limited access also does not remove a firearms prohibition pursuant to state law under 18 Pa.C.S. § 6105, although in the rare cases where a person is prohibited under Pennsylvania law but not Federal law, obtaining relief is relatively simple.
Removing the Federal firearms disability following a criminal conviction, on the other hand, is no easy matter. Pennsylvania has no process for restoration of civil rights following a conviction, and expungement is rarely available for those under the age of 70. Therefore, most people seeking relief will require a Governor’s pardon, which involves a lengthy application and review process administered by the PA Board of Pardons. Because this is a discretionary process, many applicants ultimately fail to obtain relief, but chances are much better for those who obtain qualified legal counsel who can advise them at the earliest possible point before applying.
f 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.
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