Pennsylvania Second-Degree Misdemeanors

According to Pennsylvania Consolidated Statutes (Pa.C.S.) § 106, a second-degree misdemeanor is the sixth classification of crimes, which makes it one of the lowest classes, ranking only above third-degree misdemeanors. This class of misdemeanors is punishable with a maximum fine of $5,000 and up to two (2) years of imprisonment per Pa.C.S. § 1101-1104.

Interested individuals may find and access information and court records concerning cases involving second-degree misdemeanors by reviewing Pennsylvania criminal court records.

Common Examples of Second-Degree Misdemeanors in Pennsylvania

Listed below are some examples of second-degree misdemeanors in Pennsylvania:

• Theft offense (Pa.C.S. § 3901): this includes any of the following:
  • Retail theft when the value of the stolen merchandise is less than $150
  • Library theft, if it is a second offense, and the value of the stolen material is under $150.
  • Theft from a motor vehicle involving items valued over $50 but under $200
  • Theft of secondary metal valued over $50 but under $200
  • Theft of mail, if it is a second offense, and the stolen mail is valued under $200
  • Use of automobiles and other vehicles without the owner’s consent.
• Simple assault (Pa.C.S. § 2701): this entails when an individual;
  • Attempts to cause or internationally cause bodily injury to another person
  • Uses a deadly weapon to cause another bodily injury
  • Attempts to use physical menace to threaten another with imminent serious bodily injury
  • Conceals or attempts to conceal a hypodermic needle and uses it internationally to penetrate a law enforcement officer or an officer or an employee of a correctional institution, county jail or prison, detention facility, or mental hospital in the course of being arrested or searched.
• Impersonation of a public servant (Pa.C.S. § 4912): this involves pretending to hold a position of a public servant with the intent to deceive another
• Criminal coercion without felonious threats or intent (Pa.C.S. § 2906)
• Issuing or passing a bad check or order with a value of over $500 but less than $1,000 (Pa.C.S. § 4105)

Statute of Limitations for Second-Degree Misdemeanors in Pennsylvania

In Pennsylvania, most second-degree misdemeanor offenses have a statute of limitations of two (2) years pursuant to Pa.C.S. § 5552. In other words, the prosecution of most second-degree misdemeanor offenses must commence within 2 years after the offense is committed. However, there are several exceptions to this rule. Most notably, any sexual offense committed against a minor, including but not limited to indecent assaults per Pa.C.S. § 3126, may be prosecuted within the normal statute of limitations (i.e., 2 years) after:

• The minor turns 18 years old.
• Reaches the age of 55 years.

The table below contains an overview of the statute of limitations of some second-degree misdemeanors in Pennsylvania:

Legal Penalties for Second-Degree Misdemeanors

The legal penalties for second-degree misdemeanors in Pennsylvania include a maximum fine of $5,000 and up to two (2) years imprisonment, according to Pa.C.S. § 1101-1104. Generally, offenders sentenced to imprisonment will serve their terms in a county jail per Pa.C.S. § 9762. Besides the immediate legal penalties, such as fines and imprisonment, a second-degree misdemeanor conviction results in a criminal record that may have significant long-term collateral consequences. A criminal record may make it difficult to maintain or obtain certain professional licenses and may impact educational and employment opportunities.

Court Process for Second-Degree Misdemeanors

The court process for prosecuting a second-degree misdemeanour usually begins at a Magisterial District Court, and the case will subsequently be transferred to a Court of Common Pleas. The process generally involves the following steps:

Magisterial District Judge (MDJ) system

• The offender’s arrest or charges filed without arrest: this is usually the starting point of the court process, and it involves a law enforcement officer apprehending an individual without an arrest warrant. Alternatively, an officer may investigate a crime and file a criminal complaint with the district justice. Consequently, an arrest warrant or summons will be issued for the accused (also known as the defendant).
• Preliminary arraignment: also known as an initial appearance, is held before a district justice. During the preliminary arraignment, the defendant will be given a copy of the criminal complaint against them, and a preliminary hearing date will be scheduled, typically set for three (3) to 10 days after the arraignment. If the defendant was detained prior to the arraignment, they may be allowed to post bail and secure counsel.
• MDJ preliminary hearing: During this hearing, the district justice will review the charges in the criminal complaint and the evidence provided by the defendant and the prosecutor to determine if the case should proceed to the Court of Common Pleas.
• Bind over to a Court of Common Pleas: this is when the case gets transferred to a Court of Common Pleas.

Common Pleas system

• Formal arraignment: This is typically held between 30 and 60 days after the MDJ's preliminary hearing in the Court of Common Pleas. At the event, the defendant will be issued their final charges in writing, and they will be allowed to enter a plea of guilty or not guilty.
• Pretrial actions: This is when discovery takes place, which involves the defendant exchanging information about the case with the prosecutor and vice versa. Either side may also file relevant motions.
• Pretrial conference: During this conference, the defendant and the prosecutor will appear before a judge to discuss pretrial motions and issues. Plea agreements may also be addressed and reached during the conference.
• Jury or Judge trial: If a plea agreement cannot be reached, the case will proceed to trial by a judge or a jury. In either case, the prosecutor will be required to establish the defendant's guilt beyond a reasonable doubt during the trial.
• Sentencing: This is when the judge considers different facts about a case and issues appropriate punishment(s) for the defendant’s offense.

How Second-Degree Misdemeanors Affect Your Criminal Record

In Pennsylvania, a second-degree misdemeanor usually remains on an offender’s criminal record indefinitely unless it gets expunged or sealed. As a result, they are typically reported in background check results. Thus, when potential employers, landlords, and other interested parties conduct a background check on an individual, they may be able to see their past convictions for a second-degree misdemeanor. This may reflect poorly on the record’s subject’s character. In turn, this may result in loss of employment and housing opportunities.

Furthermore, a second-degree misdemeanor on an individual's criminal record may also serve as grounds for a licensing agency to deny their license application or revoke their license per 18 Pa.C.S. § 9124(c). For non-U.S. citizens, a second-degree misdemeanor on one’s criminal record may warrant their deportation, visa denial, or make them ineligible to apply for citizenship. Although getting a second-degree misdemeanor conviction expunged or sealed may serve as a viable way to circumvent some of the negative impacts of having this record, it is not always guaranteed. Additionally, conviction for certain types of offenses may be ineligible for expungement or sealing.

Differences Between Second-Degree Misdemeanors and Other Offenses

The primary difference between second-degree misdemeanors and other offenses in Pennsylvania is the potential penalties associated with them. In terms of severity, the potential penalties for felonies are greater than those for misdemeanors.

For example, the maximum potential fine for murder or attempted murder and other classes of felonies is between $50,000 and $15,000 per Pa.C.S. § 1101-1104. Furthermore, an offender may be sentenced to anywhere from life imprisonment for first-degree murder to a maximum of seven years imprisonment for a third-degree felony. By comparison, a second-degree misdemeanor is punishable with a fine of up to $5,000 and a maximum of two (2) years of imprisonment.

How to Check for Second-Degree Misdemeanors in Court Records

For convenience, interested individuals may use the UJS web access portal to check for second-degree misdemeanors in court records. The portal is a free public access tool that enables users to search for court records from various types of courts in Pennsylvania, including the Criminal Division of the Common Pleas Courts and Magisterial District Courts. The portal is searchable using different criteria, including attorney details, complaint number, docket number, e.t.c.

Alternatively, record seekers can request paper case records by visiting the appropriate court to make an in-person request. For cases handled by a magisterial district court, they can complete the request form and submit it to the appropriate magisterial district court office.

Can a Second-Degree Misdemeanor Be Expunged or Sealed in Pennsylvania?

In Pennsylvania, a second-degree misdemeanor may be expunged or sealed pursuant to Pa.C.S. § 9122 and Act No. 36 of 2023, respectively. However, specific requirements outlined in these laws must be met for a record to be eligible for expungement or sealing. For instance, a second-degree misdemeanor may be eligible for expungement when:

• The subject of the record reached 70 years old and has not been arrested or prosecuted for 10 years after they were released from confinement or supervision.
• The subject of the record has been dead for three (3) years.
• The state governor issued a pardon for the conviction.
• The subject of the record completes their ARD program. Provided they have paid the relevant fines.

On the other hand, most second-degree misdemeanor convictions may be eligible for sealing after seven (7) years.

Noteworthy facts about some second-degree misdemeanors that are eligible for expungement or sealing are outlined in the table below: