Pennsylvania Criminal Records

A Pennsylvania criminal record is a compilation of a person's interactions with the state's criminal justice system. These interactions may include warrants, arrests, charges, and dispositions. The Pennsylvania State Police (PSP) is the state's central repository for criminal records. The agency collects and tracks criminal information, maintains a database to store and organize criminal records, and provides access to criminal record information via request.

Criminal records may be required for employment, volunteering, professional licensing, immigration, adoption, firearm purchasing, and housing purposes.

What is Included in the Criminal Record?

A Pennsylvania criminal record, also called a rap sheet, may contain the following information:

• The full name and known aliases of the subject of the record
• Date of birth, race, sex, height, weight, hair color, eye color, and skin color
• Mugshots
• Fingerprints
• Arrest information such as date of arrest, charges filed, arresting agency, and warrant information
• Disposition information, including dismissed charges, conviction information, details of sentencing, probation and parole information

Are Criminal Records Public In Pennsylvania?

Criminal records are covered under the scope of the Pennsylvania Right to Know Law. Hence, except if you have obtained a limited access order to seal your record or expunged it, your criminal record will be accessible in a public search.

How to Access Criminal Records in Pennsylvania

The Pennsylvania Access To Criminal History, also called PATCH, enables members of the public to access criminal history records. You may make a request for criminal records by mail using the SP4-164 form. This form allows you to obtain a notarized copy of a criminal record. Submit the completed SP4-164 form and a certified check or money order of $22 (or $27 for a notarized copy) made payable to "Commonwealth of Pennsylvania" to:

Online users can pay the processing fee by credit card using a Visa, Mastercard, Discover, and American Express card. If you need help completing the request via the PATCH system, call the PATCH support line at 1-888-783-7972. If you want to access criminal court records, use the Pennsylvania Judiciary Web Portal.

If you are making a volunteer request for a criminal record, use the SP4-164A form instead of the SP4-16 form. To request individual access and review, send a completed SP4-170 form and a certified check or money order of $20 made payable to the Commonwealth of Pennsylvania to the above address. This option is not for criminal record requests for employment purposes.

What is Considered a Felony in Pennsylvania?

A felony in Pennsylvania is a serious crime carrying severe penalties, including imprisonment for more than one year. Pennsylvania felonies are classified into three degrees based on the severity of the crime:

First-Degree Felonies

These are the most serious forms of felony in the state. Examples include:

• Murder
• Rape
• Aggravated arson
• Kidnapping
• Burglary
• Drug trafficking involving large amounts

Second-Degree Felonies

These offenses are considered less severe than first-degree felonies. Examples include:

• Aggravated assault with a deadly weapon
• Involuntary manslaughter
• Theft of a firearm
• Strangulation of a family or household member
• Theft of property worth at least $100,000
• Sexual assault

Third-Degree Felonies

These are the least severe forms of felonies. Examples include:

• Theft of a motor vehicle
• Bribery of a public official
• Certain serious gun crimes
• Possession of child pornography
• Theft of property worth at least $2,000
• Possession of illegal narcotics with intent to distribute
• Unlawfully providing a firearm to a minor

Penalties For Pennsylvania Felonies

Pennsylvania sets maximum sentence terms for felony crimes based on the degree of the offense but stipulates a separate penalty for murder. A first-degree murder is punished with death or a life imprisonment term. Second-degree murder is punishable by life imprisonment, while third-degree murder may be punished with up to 40 years imprisonment or life imprisonment if the defendant has a previous conviction for voluntary manslaughter or murder. For an attempted murder, the state stipulates an imprisonment term of up to 20 years or 40 years if the attempt led to a serious injury.

Other felonies may be penalized in the following manner:

• First-degree felonies: Offenders may be punished with an imprisonment term of up to 20 years and a fine reaching up to $25,000
• Second-degree felonies: Offenders may be punished with an imprisonment term of up to 10 years and a fine reaching up to $25,000
• Third-degree felonies: Offenders may be punished with an imprisonment term of up to 7 years and a fine reaching up to $15,000

In some cases, mandatory minimum sentences apply, where the defendant must serve a specific minimum term. For instance, if you are convicted of a violent felony offense, you may be sentenced to at least 10 years in prison if you have a previous conviction for another violent felony, or a minimum of 25 years if you have been convicted of two or more violent felonies.

Being convicted of a felony in Pennsylvania has implications beyond the penalties issued by the sentencing judge. Some potential consequences of having felony convictions include losing the right to vote or have firearms, difficulty securing employment and getting some professional licenses, and challenges in obtaining housing.

What is a Misdemeanor in Pennsylvania?

A misdemeanor is an offense that is considered less serious than a felony. Misdemeanor offense punishments are typically less severe compared to the penalties for felonies. Pennsylvania categorizes misdemeanor crimes as first-degree, second-degree, and third-degree misdemeanors. Examples of offenses in each classification are:

First-Degree Misdemeanor

• Forgery
• Criminal trespass
• Sexual extortion
• Unlicensed firearm carry
• Involuntary manslaughter
• Endangering a child's welfare
• Stalking
• Simple Assault
• Theft of property worth between $200 and $2,000

Second-Degree Misdemeanor

• Strangulation
• Witness retaliation
• Indecent exposure
• False police report
• Bigamy
• Abuse of corpse
• Evidence fabrication or tampering
• Commercial bribery

Third-Degree Misdemeanors

• Animal neglect
• Invasion of privacy
• Device theft
• False identification
• Fictitious police reports
• Using a fake ID to buy alcohol
• Desecration of a flag
• Loitering and prowling at nighttime
• Online stalking
• Tampering with fire hydrants

Penalties for Pennsylvania Misdemeanors

First-degree misdemeanors carry the harshest penalties, while third-degree misdemeanors are punished least severely among misdemeanor offenses in Pennsylvania. The following are the typical penalties for misdemeanors in the state:

• First-degree misdemeanor: Offenses are punishable by up to five years in prison and a fine of $10,000
• Second-degree misdemeanor: Offenses are punishable by up to two years in prison and a fine of $5,000
• Third-degree misdemeanor: Offenses are punishable by up to one year in prison and a fine of $2,500

Judges have discretionary power within the ambit of Pennsylvania laws when determining a sentence for misdemeanor offenders. In many cases, the sentencing judge uses an indeterminate sentencing where the judge sets a minimum and maximum term for the imprisonment term. Usually, the maximum term is not higher than the state-mandated legal limit for the offense committed, and the minimum term is not more than half of the maximum term.

Under certain circumstances, a sentencing judge must issue minimum mandatory sentences for a misdemeanor offense. For example, if an offender is convicted of DUI and has a prior third-degree misdemeanor, they must serve a minimum of five days in jail and a maximum of six months imprisonment. In addition, the defendant will pay a fine ranging between $300 and $2,500.

An offender may be eligible for parole after serving the minimum term of their sentence or via a reentry plan if the maximum sentence is less than two years.

How Long Does a Pennsylvania Criminal Record Stay In a Background Report?

Criminal records will show up on a background report except if they have been automatically sealed, sealed via an order for limited access, or expunged pursuant to state laws. Hence, if you have a criminal record that does not fall into any of the categories above, it will be accessible in a background report.

However, if the subject of a record has been dead for three years or the individual is 70 or older and has had no convictions or prosecutions for ten years after the completion of their sentence, their criminal records may not be available in a background check.

Sealing and Expungement of Criminal Records in Pennsylvania

Pennsylvania provides multiple options for individuals to have their criminal records removed from public view. The most common options are expungement and sealing via an Order for Limited Access. When a criminal record is expunged in Pennsylvania, the record is unavailable to anyone. However, although sealed records are also not available to the public, they may still be accessed via a court order or by the state's law enforcement agencies in specific instances.

An expungement refers to an order issued by a court to destroy all court and administrative criminal record information pertaining to a charge or conviction. The order is only available in limited cases, such as:

• Underage drinking convictions (at age 21 and after the completion of court-ordered requirements)
• Non-conviction information (including charges and citations resulting in a disposition of "withdrawn," "not guilty," "nolle prosse," "dismissed," "dismissed - YOP/YES"
• Offenses where unconditional pardons were granted
• Summary offense (after 5 years, provided the individual has been free from arrest or prosecution in the period). Examples of summary offenses include simple trespass, public consumption of alcoholic beverages, disorderly conduct, and first-offense retail theft, where the value of the stolen merchandise is not more than $150.
• Cases where the individual was acquitted of each charge resulting from the same criminal episode
• The subject of the criminal record is 70 or older, has been free from arrest or prosecution for five years after the conviction, or has been dead for at least three years

If you or your record is ineligible for expungement, you may be able to remove public access to your record by getting a limited access order. Pennsylvania's limited access order applies to non-violent and low-level misdemeanor convictions with a maximum penalty of up to two years imprisonment. Consequently, uncategorized misdemeanors, second-degree misdemeanors, and third-degree misdemeanors may be eligible to be sealed by an order of limited access.

To qualify for a limited access order, 10 years must have elapsed from release from imprisonment or supervision. Also, you must be free from prosecution or arrest during the 10-year period. Furthermore, you cannot obtain a limited access order if you have been convicted of four or more offenses, each punishable by a one-year imprisonment term.

To get an expungement or a limited access order in Pennsylvania, you must petition for relief in the court of common pleas in the county where you were arrested or cited. To petition for an expungement or limited access order, you need a copy of your criminal record and a Petition for Expungement form or a Petition for Order for Limited Access form.

Certain criminal records may be eligible for automatic sealing in Pennsylvania. If a record qualifies for automatic sealing, the subject of the record does not need to petition the court. Usually, the court and the state police seal such records within 90 days of the records becoming eligible for automatic sealing. You may qualify for automatic sealing if you have charges withdrawn, dismissed, or led to a disposition that did not result in a conviction. Under Pennsylvania law, summary convictions qualify for automatic sealing after five years from the conviction date.

If your conviction is not eligible for expungement or sealing, you may be able to remove the record from public access by obtaining a pardon. A pardon is an action taken by the Governor of Pennsylvania based on the recommendation of the Board of Pardons as an act of mercy. A pardon relieves an offender of the legal disability arising from conviction. Upon getting a pardon, the offender may have the record removed from public access. You may obtain a pardon for Pennsylvania convictions by following the process outlined by the state Board of Pardons.

Navigating the complexities of sealing or expunging a criminal record in Pennsylvania may be daunting without legal guidance. Therefore, you should seek legal advice or assistance from an experienced attorney in order to remove your criminal records from public access.