Arrested or Facing Charges in Pennsylvania? Here’s What You Need to Know.
Introduction
If you or someone you love has just been arrested in Pennsylvania, you're probably feeling overwhelmed, scared, and unsure about what comes next. That’s completely normal.
The criminal justice system can feel like a maze, especially if it’s your first time navigating it. This guide is here to help you understand your rights, your options, and what steps you can take right now to protect your future.
We’ll break down the most common charges, explain what happens after an arrest, and walk you through everything from public defenders to expungement, all in plain English.
Common Criminal Charges in Pennsylvania
In Pennsylvania, some charges appear more often than others. Here are the most common ones:
- DUI (Driving Under the Influence) – Pennsylvania has strict DUI laws, including mandatory license suspension and jail time, even for first-time offenders.
- Simple Assault and Aggravated Assault – These vary based on severity, intent, and injuries caused.
- Drug Possession – Includes possession of marijuana, heroin, or prescription drugs without a valid prescription.
- Theft and Burglary – Ranges from petty theft (under $2,000) to burglary, which involves unlawful entry into a property.
- Domestic Violence – This may include assault, harassment, or restraining order violations.
- Disorderly Conduct and Public Intoxication – Often charged during protests, bar fights, or public disturbances.
Each charge carries different penalties and long-term consequences, so knowing where your situation fits is key.
Misdemeanor vs. Felony: What It Means in Pennsylvania
In Pennsylvania, crimes are classified as either misdemeanors or felonies, depending on the seriousness of the offense.
Misdemeanors:
These are less serious crimes, but they can still carry jail time and a criminal record.
- First-Degree Misdemeanor (M1): Up to 5 years in prison and fines up to $10,000
- Second-Degree Misdemeanor (M2): Up to 2 years in prison and $5,000 in fines
- Third-Degree Misdemeanor (M3): Up to 1 year in jail and $2,500 in fines
Felonies:
These are more serious and come with harsher penalties.
- First-Degree Felony (F1): Up to 20 years in prison and $25,000 in fines
- Second-Degree Felony (F2): Up to 10 years in prison
- Third-Degree Felony (F3): Up to 7 years in prison
The consequences of a felony go beyond jail time, they can affect your ability to find work, vote, or own a firearm.
What Happens After an Arrest in Pennsylvania
Here’s what typically happens after someone is arrested in Pennsylvania:
- Booking: Your fingerprints and mugshot are taken. You may be held in jail or released.
- Preliminary Arraignment: A judge reads the charges and sets bail.
- Preliminary Hearing: A judge decides if there’s enough evidence to move forward.
- Formal Arraignment: You enter a plea: guilty, not guilty, or no contest.
- Trial or Plea Bargain: You may go to trial or accept a plea deal.
- Sentencing: If convicted, the judge hands down your punishment.
Timeframes vary depending on the case and court backlog, but having a lawyer early can make a big difference.
Do You Really Need a Lawyer?
Absolutely and here’s why. A skilled defense attorney doesn’t just show up in court. They investigate your case, negotiate plea deals, challenge faulty evidence, and fight for reduced charges or dismissal. Without one, you're navigating a high-stakes system alone.
💡 Not sure where to start? Compare top-rated criminal defense lawyers in Pennsylvania
Public Defenders in Pennsylvania: What You Should Know
If you can't afford a lawyer, you may qualify for a public defender. These are court-appointed attorneys provided at no cost. They’re often experienced, but extremely busy and may not have time to dig deeply into every case.
To qualify, you'll need to prove financial hardship - typically through an income affidavit at your arraignment. If approved, a public defender will represent you throughout your case.
What Penalties Could You Face?
Here’s a rough overview of sentencing guidelines in Pennsylvania:
| Crime Level | Max Jail/Prison Time | Max Fine |
|---|---|---|
| Summary Offense | 90 days | $300 |
| 3rd-Degree Misdemeanor | 1 year | $2,500 |
| 2nd-Degree Misdemeanor | 2 years | $5,000 |
| 1st-Degree Misdemeanor | 5 years | $10,000 |
| 3rd-Degree Felony | 7 years | $15,000 |
| 2nd-Degree Felony | 10 years | $25,000 |
| 1st-Degree Felony | 20 years | $25,000 |
Keep in mind, these are maximums. Your actual sentence could be lighter, especially with a strong legal defense.
Can You Get a Criminal Record Expunged in Pennsylvania?
In some cases, yes but it depends on the type of charge, how the case ended, and what’s happened since. Pennsylvania’s laws around expungement (which removes a record completely) and record sealing (which hides it from public view) are complex, but they offer hope for many people, especially first-time offenders or those with older, non-violent records.
What Is Expungement in Pennsylvania?
Expungement means your criminal record is fully erased, in most cases, even law enforcement won’t be able to access it. You may be eligible for expungement if:
- You were found not guilty, charges were dismissed, or withdrawn: These non-conviction outcomes are usually eligible for expungement. In some cases, they’re sealed automatically after 30 days under the Clean Slate law.
- You completed a diversionary program: Programs like ARD (often used for DUIs), Section 17 for drug offenses, and certain county-specific programs often result in automatic or petition-based expungement.
- You were convicted of a summary offense (like public intoxication or petty theft): These may be expunged after 5 years if you’ve had no further legal trouble.
- You were convicted of underage drinking: If you were under 21 at the time and have since completed your sentence and stayed out of trouble, you can petition once you turn 21.
- You’re 70 or older and have had no arrests or prosecutions for 10+ years.
- You’ve received a governor’s pardon: Even felony convictions can be expunged if you’ve been officially pardoned.
- You’ve been deceased for at least 3 years (relatives may request this).
There are also niche situations, like if no case disposition has been recorded after 18 months, where you might qualify for expungement through a court certification process.
What Is Record Sealing Under the Clean Slate Law?
If full expungement isn’t an option, record sealing might be. Under Pennsylvania’s Clean Slate law, many records are automatically or petition-based sealed.
Sealed records aren’t erased but are hidden from public view, including from most employers and landlords.
Here’s how it works:
- Automatic sealing:
- Summary convictions are sealed after 5 years with no new charges (as of June 2024).
- Non-conviction records (like dismissed or not guilty charges) are sealed automatically after 30 days.
- Petition-based sealing:
- Most misdemeanor convictions can be sealed after 7 years, if you haven’t been convicted of anything else.
- Some non-violent felony convictions (as of 2024’s Clean Slate 3.0 law) - including theft, forgery, trespass, and certain drug charges, may now be sealed after 10 years with a clean record.
However, some offenses are excluded, including:
- Violent crimes
- Crimes involving children, firearms, or sexual offenses
- Misdemeanors of the first degree involving harm to others
- Anyone with four or more second-degree misdemeanors or worse on their record
How Do You Start the Expungement or Sealing Process?
- Get your full criminal record: You can request it from the Pennsylvania State Police using Form SP 4-170.
- Review your eligibility: Compare your case with the criteria above.
- File a petition: For many cases, especially expungement, you’ll need to file with the Clerk of Courts where the charges were originally handled.
- Get legal help: Because the process can be tricky and laws change frequently, it’s smart to talk with a lawyer. Many offer free consultations and can walk you through your options.
Learn more about expungement eligibility from the Pennsylvania State Government
Even if you think your record is too old or too serious, it’s worth checking. There may be more doors open than you expect and clearing your name can be life-changing.
First-Time Offenders: Is There Leniency in Pennsylvania?
Yes, especially if you have no prior record. Pennsylvania offers diversion programs like ARD, where charges can be dropped after completing probation, community service, or treatment. This is common for first-time DUI, drug, or non-violent offenses.
Some counties also offer deferred sentencing or probation without a verdict, which can keep your record clean if you meet the terms. Ask your attorney about these options early in the process.
How Much Does a Criminal Lawyer Cost in Pennsylvania?
Legal fees vary depending on the seriousness of your case:
- Misdemeanors: $1,000 to $3,500+
- Felonies: $5,000 to $25,000+
- Trial cases: Can exceed $30,000
Many attorneys offer free consultations and payment plans, so don’t let cost stop you from getting help.
Get Help Right Now
You don’t have to face this alone. Whether you’re overwhelmed, scared, or just need answers, there’s help available today.
Click here to get your free case review in Pennsylvania
A local defense attorney can review your situation, explain your options, and help protect your rights, often at no upfront cost.
People Also Ask (FAQ)
What happens if I get arrested in Pennsylvania for the first time?
You’ll go through booking, arraignment, and possibly be offered a diversion program like ARD if you’re a first-time offender.
Can a DUI ruin my life in Pennsylvania?
A DUI can lead to license suspension, jail time, and a criminal record, but first-time DUIs may be eligible for ARD or reduced penalties.
How long does a misdemeanor stay on your record in Pennsylvania?
Indefinitely, unless it’s expunged or sealed under the Clean Slate Law.
Can you go to jail for a summary offense in PA?
Yes up to 90 days in jail, though fines or probation are more common.
Explore More from Lawyer Monthly
Looking for legal guidance in other states? We’ve got you covered. Whether you’re helping a loved one or trying to understand your own rights, these state-specific guides can walk you through what to expect:
