Pennsylvania Arrest Records

Pennsylvania has recorded an average of 87,948 arrests annually for varying offenses in recent years, according to reports submitted to the state's Uniform Crime Reporting System by several law enforcement agencies. The average number of arrests made yearly is further broken down by the offense as follows:

• Aggravated assault - 13.2%
• Burglary - 4.7%
• Simple assault - 42.2%
• Larceny-theft - 31.5%
• Murder - 0.63%
• Robbery - 3.3%
• Rape - 0.91%

Pennsylvania's arrest rate is 2,113.27 per 100,000 of the Commonwealth's population, which is lower than the national average of 2,181.70 per 100,000 people. Except for Delaware and West Virginia, with arrest rates of 2,469.27 and 2,303.21 per 100,000 people, Pennsylvania's arrest rate is relatively higher compared to other four neighboring states of New Jersey, Maryland, New York, and Ohio.

What Is an Arrest Under Pennsylvania Law?

Under Pennsylvania law, an arrest occurs when a person is taken into custody with the intent to file charges against them or to detain them after charges are filed. It is an act that constitutes a seizure of an individual for Fourth Amendment purposes. An arrest is generally one of the most serious actions a law enforcement officer can undertake. Making an arrest generally requires critical judgment on the part of the arresting officer.

Type of Arrests in Pennsylvania

Generally, a law enforcement officer may arrest an adult in Pennsylvania after an investigation, or depending on the circumstances, they can make an arrest immediately without any investigation. However, in such a situation, the officer must have foolproof evidence that the person has committed a crime that warrants making an arrest. When making an arrest in the Commonwealth, the Fourth Amendment requires probable cause, which is the legal basis on which a law enforcement officer can make an arrest. Probable cause generally exists when facts available to a law enforcement officer would be enough to make a reasonable individual believe a suspect has committed a criminal offense or is about to commit a crime.

The Commonwealth of Pennsylvania generally has two major types of arrests: warrant and warrantless arrests.

Warrant Arrest

Warrant arrests in Pennsylvania are arrests made after obtaining warrants from the court to apprehend suspects for certain criminal offenses. Under state law, warrants of arrest may only be served by sworn law enforcement officers. To obtain a warrant to arrest someone, a law enforcement officer must have sufficient evidence (or probable cause), without which a judge will deny the issuance of a warrant. Warrant arrests in the Commonwealth must be per Title 234 of the Pennsylvania Rules of Criminal Procedure.

Warrantless Arrest

Law enforcement officers' actions in making warrantless arrests in Pennsylvania must also be following the procedures stipulated in Title 234 of the Commonwealth's Rules of Criminal Procedure. Warrantless arrests are arrests made without warrants. In Pennsylvania, warrantless arrests are generally authorized in the following situations:

• The officer is arresting a suspect who has committed a felony based on probable cause.
• The offense is a misdemeanor or a felony committed in the presence of the law enforcement officer making the arrest.
• The offense is a misdemeanor that was not committed in the presence of the arresting officer, but the officer has probable cause, and such a warrantless arrest is specifically authorized by law.

What Are Pennsylvania Arrests Records?

Pennsylvania arrest records typically are formal documents maintained by law enforcement agencies detailing the history of individuals' arrests within the Commonwealth. A typical arrest record gives an account of a person's interaction with a law enforcement agency in terms of arrest, questioning, detention, investigation, and charges filed. While people often use criminal records and arrest records interchangeably, they are different. Essentially, a criminal record is a detailed record of an individual's contact with law enforcement and other criminal justice systems. It generally includes arrest reports, convictions, and court records. So, arrest records are essentially a part of criminal records. On the other hand, not all arrests lead to convictions.

Arrest records in Pennsylvania may be obtained locally from law enforcement agencies responsible for such arrests. Many of these agencies, including local police departments and county sheriff's offices, allow walk-in requests for arrest records held by them. A typical Pennsylvania arrest record contains the following information:

• The arrestee's personal information, including their full name, date of birth, aliases, and sex
• Mugshots
• Fingerprints
• The arrestee's physical descriptions, including height, eye color, race, hair color, and weight
• Details of charges filed
• Arresting agency's name, date of arrest, and location of arrest

How Can Arrest Records Be Accessed in Pennsylvania?

Pennsylvania arrest records may be accessed by members of the public because they are considered public records under the Commonwealth's Right-to-Know Law. However, there are certain exemptions. Arrest records containing juvenile records and ongoing investigations are not open for public disclosure. Similarly, expunged Pennsylvania arrest records and others restricted by statutes are limited from public view. However, they may be accessed by law enforcement agencies and other agencies in the Commonwealth's criminal justice systems.

Pennsylvania arrest records may be accessed in several ways, including the following:

Pennsylvania Access to Criminal History (PATCH)

Pennsylvania Access to Criminal History is a web-based application that allows users to obtain information about people's criminal records maintained by the Commonwealth's State Police Central Repository. Interested persons may use this system to obtain Pennsylvania criminal history record checks electronically through the Non-Registered Users PATCH. Results obtained from these checks will include arrest records, especially for convicted individuals.

Alternatively, interested persons may submit paper applications to the State Police to obtain Pennsylvania arrest records. To do this, complete a Request For Criminal Record Check Form and mail it with payment to the State Police at:

Pennsylvania State Police Central Repository - 164

1800 Elmerton Avenue

Harrisburg, PA 17110-9758

The Unified Judicial System of Pennsylvania Web Portal

The Unified Judicial System of Pennsylvania Web Portal is maintained by the Commonwealth's Unified Judicial System and provides public information, including information about arrest records in criminal case dockets. Anyone looking to access a person's arrest record in the Commonwealth may be able to obtain information such as the arrest date, arresting agency, and charges using this portal. Users may query the web portal using information such as participant name, incident number, and date filed.

Local Law Enforcement Agencies

When looking to access or obtain a Pennsylvania arrest record, it is best to do so from the source. Typically, local law enforcement agencies (county sheriff's offices and local police departments) are where most arrest records in the Commonwealth are generated, and they often keep copies of those records. If the arresting agency and the arrest location of a person are known, dropping by the agency's office and requesting to view or copy the individual's arrest record will be faster.

How Long Will an Arrest Report Stay on Your Pennsylvania Records?

Depending on the offense and if a person was convicted of a criminal offense, an arrest report in Pennsylvania may stay on their record for life if it is not sealed or expunged. Most people who were never taken to court or whose cases were dismissed typically can easily have their arrest records sealed or expunged. Generally, each police record in Pennsylvania has a retention period, as outlined in Section 15.59 of the Commonwealth Code. Criminal investigatory files, including arrest records, have varying retention periods, ranging from 5 years to 75 years, depending on the nature of the offense leading to those arrests.

Can You Expunge Your Arrest Records in Pennsylvania?

In most cases, arrest records will not be expunged automatically in Pennsylvania unless the record holders file expungement petitions. The Commonwealth's Criminal History Record Information Act permits the expungement of certain criminal records, including their associated arrest records. Generally, arrest records (including criminal records) for the following individuals in Pennsylvania can be expunged:

• Individuals convicted of summary offenses such as underage driving, possession of a fake identity, and disorderly conduct. Arrest records for such offenses can be expunged after 5 years of being free from arrest or prosecution.
• Persons whose charges were dismissed or whose case a prosecutor entered a "nolle prosequi" (declined to prosecute).
• Deceased persons. In Pennsylvania, arrest records of individuals who have been dead for over three years can be posthumously expunged.
• Individuals who are eligible for automatic record sealing under the Clean Slate Law.

The following steps are generally required to expunge an arrest record in Pennsylvania:

• Print and complete the Individual Access and Review Request Form (SP 4-170).
• Mail the completed Form SP 4-170 alongside a copy of a government-issued photo ID and a money order or certified check for $20 payable to the Commonwealth of Pennsylvania to the State Police Central Repository at:

• After submitting Form SP 4-170, the Central Repository will mail the full arrest record.
• Contact the Clerk of Courts in the county where the arrest being expunged took place. Typically, the Clerk of Courts will give further instructions on how to file a petition for the arrest record expungement.

Once the court approves the petition, the Clerk of Courts will send the order for expungement (signed by a Commonwealth Court Judge) to the Pennsylvania State Police. Once the State Police receives it, the arrest record listed in the court order will be expunged from criminal history records.

Is Citizen's Arrest Legal in Pennsylvania?

Yes, citizen's arrest is legal in Pennsylvania. Under the state's law, a citizen's arrest occurs when a private person makes an arrest or helps detain another individual in a lawful arrest. A citizen's arrest is largely allowed for felony offenses in Pennsylvania, which may include assault and robbery. A private individual making a citizen's arrest in the Commonwealth must have witnessed the crime that prompted the arrest first-hand. Besides felony offenses, a person may also make a citizen's arrest for certain misdemeanors in Pennsylvania. For instance, it is not illegal for a private person to arrest an individual for breach or disturbance of the peace.

Title 18, Section 508(b) of Pennsylvania Statutes justifies the use of force when making a citizen's arrest, provided it is not deadly force. The use of deadly force is only justifiable when the private individual making the arrest believes that such force is required to prevent severe bodily injuries or death to them or another person.

How to Look Up Arrest Warrants in Pennsylvania

In Pennsylvania, an arrest warrant is a legal document issued to a law enforcement officer by a magisterial district judge authorizing the arrest of a suspect and taking them into custody. It may be issued in response to a statement written under oath accusing a person of committing a criminal offense or a crime complaint. Any law enforcement officer issued a warrant of arrest in Pennsylvania may execute the arrest at any time of the day or night and on any day of the week. Such an arrest may also be executed in any location, in or outside the jurisdiction where the arrest warrant was issued.

While it also authorizes a law enforcement officer to arrest a person named on it, a bench warrant is different from an arrest warrant. A judge or magistrate issues a Pennsylvania bench warrant to arrest a defendant in a case who refuses to appear in court or pay court fines or costs.

Several options are available to anyone who wants to look up arrest warrants in Pennsylvania. The state's Judiciary Web Portal provides access to a statewide warrants search system for warrants generated from the Magisterial District Judge System (MDJS) and the Common Pleas Criminal Court Case Management System (CPCMS). Another way of looking up an arrest warrant in the Commonwealth is by visiting the local courthouse in the county where the warrant was issued. Some of these county courthouses generally manage arrest warrant repositories where members of the public can view them online.

Furthermore, the Pennsylvania Access to Criminal History (PATCH), managed by the State Police, holds information about active arrest warrants in the Commonwealth. However, anyone looking to view an arrest warrant using this system will pay a certain fee. An alternative way is to visit local law enforcement agencies (local police departments and county sheriff's offices) to view arrest warrants. These are where most arrests take place. Several county sheriff's offices in Pennsylvania maintain warrant search databases for public use. For instance, the York County Sheriff's Office provides information on active arrest and bench warrants through the CountySuite Warrant Portal.