Felonies, Misdemeanors And Infractions in Pennsylvania

The Criminal Justice System in Pennsylvania categorizes offenses as murder, felonies, misdemeanors, and summary offenses. These crime categories correspond to the severity of the offense and the corresponding penalties stated in the Pennsylvania Penal Code. In Pennsylvania, murder constitutes the most grievous crime against a person and society as a whole. Consequently, the crime carries the harshest penalties of the offense categories. Felonies are also serious crimes, but rank below murder penalties. Misdemeanors are less serious than felonies but more severe than summary offenses. Summary offenses are the least severe category and are often comparable to infractions in other states. These offenses typically involve minor violations, such as traffic tickets or disorderly conduct, punishable primarily by fines. Additionally, Pennsylvania law establishes statutes of limitations that define the time limits within which criminal charges may be filed.

What is Murder in Pennsylvania?

Pennsylvania law defines murder (criminal homicide) as the unlawful killing of a person (or unborn child under certain circumstances) under different levels of culpability. The law (Title 18 §2502) divides murder into three degrees:

• Murder of the first degree (of persons and unborn child)
• Murder of the second degree (of a person and an unborn child)
• Murder of the third degree (of a person and an unborn child)

Murder in the first degree: This is the intentional and premeditated killing of another human being. It is distinguished from other degrees of murder by the specific motive to kill and the preparation undertaken to do so. Murder in the first degree is the gravest kind of crime in Pennsylvania; it attracts the capital punishment of death or mandatory life imprisonment without the option of parole upon conviction.

Pennsylvania's criminal laws identify the presence of malice as a characteristic difference between first-degree murder and other degrees of murder. The use of a deadly weapon clearly establishes the presence of malice. Some examples of murder in the first degree include:

• Poisoning a person
• Laying an ambush (or lying in wait) to kill a person
• Hiring someone to kill another person (involves planning and intent)
• Killing a victim by torture (deliberate act resulting in prolonged suffering and death)

The state also imposes the same penalty for the first-degree murder of a law enforcement officer. Per Pa.C. S. § 9711(d)(17), the punishment for the first-degree murder of an unborn child is life imprisonment.

Murder of the second degree: This describes the committing of a felony that does not involve premeditation. The defendant is considered culpable, regardless of whether they are the principal offender or an accomplice. This category of murder carries a penalty of life imprisonment without the possibility of parole in line with 18 Pa. C. S. § 1102(b). This sentence also applies to the second-degree murder of an unborn child and a law enforcement agent.

Examples of felony offenses related to second-degree murder include:

• Rape
• Robbery
• Burglary
• Arson
• Kidnapping.

Murder of the third degree: This comprises all other types of murder, excluding murder of the first and second degree. It carries a sentence of up to twenty years' imprisonment. However, an individual convicted of third-degree murder of an unborn child will serve a sentence of up to forty years in prison. Murder of the third degree is typically classified as a felony of the first degree.

What is a felony in Pennsylvania?

In Pennsylvania, a felony is a more serious crime than a misdemeanor. Felony crimes are typically characterized by more severe prison sentences and higher fines. The state penal code designates matching penalties for individuals convicted of different felonies, including incarceration and fines.

The state of Pennsylvania, pursuant to Section 106.0 - Title 18, divides felonies into three classes to clearly define differences in severity and corresponding penalties:

• Felony of the first degree
• Felony of the second degree
• Felony of the third degree

Felony of the first degree: This is the most severe of all three degrees of felony criminal charges. Upon conviction, it is punishable by a prison term ranging from 10 to 20 years. In addition, it also attracts a fine of up to $25,000. Examples of crimes under this group include:

• Kidnapping
• Aggravated assault with a deadly weapon
• Arson endangering people
• Rape
• Major theft of property (valued at $500,000 and above)

Felony of the second degree: Offenses in this category carry penalties of up to ten years imprisonment and fines of up to $25,000. Some examples of criminal offenses connected with a second-degree felony are:

• Aggravated assault
• Sexual assault
• Involuntary manslaughter (involving a victim less than 12 years old)
• Burglary (of an empty residence)
• Theft of property (valued between $100,000 and $500,000)

Felony of the third degree: This refers to all types of felony crime, excluding felonies of the first and second degree. It is the least severe of all three degrees of felony crime, and it is punishable by prison terms of up to seven years and fines of no more than $15,000. Examples of felonies in the third degree include:

• Bribery
• Possession of child pornography
• Drug possession with intent to distribute
• Certain firearm offenses
• Property theft (valued between $2,000 and $100,000)

Unclassified felony criminal offenses are designated as felony of the third degree and attract the same penalties outlined for that degree.

What are some examples of felonies in Pennsylvania?

General examples of felony crimes include:

• Arson
• Kidnapping
• Burglary
• Rape
• Aggravated assault
• Sexual assault
• Property theft
• Bribery
• Possession of child pornography
• Involuntary manslaughter

Can I get a Felony Removed from a Court Record in Pennsylvania?

Pennsylvania law does not typically permit felony convictions to be expunged or sealed. The state criminal laws only provide for a felony to be removed when:

• The person has been dead for three years.
• The person is 70 years old and has had zero convictions or prosecutions for 10 years following their sentence completion (18 Pa. C. S. A. § 9122 (2019)).

Criminal records that are generally eligible for expungement include:

• Records with non-convictions (18 Pa. C. S. A. § 9122 (2019))
• Records of crimes settled through a diversionary program like ARD (Accelerated Rehabilitative Disposition). (234 Pa. Code Rule 320; 18 Pa. C. S. A. § 9122 (2019))
• Records of crimes related to the possession, purchase, or consumption of alcohol. (18 Pa. C. S. A. § 9122 (2019).)
• Records of summary convictions for which five years have elapsed, with no prosecutions or convictions recorded
• Records for persons who have been dead for three years
• Records for persons aged seventy years old who have had zero convictions or prosecutions for the past ten (10) years after completing their sentences. (18 Pa. C. S. A. § 9122 (2019))

A felony, however, may be removed by obtaining a pardon. A pardon is an act of clemency or forgiveness granted by the Governor of Pennsylvania for an individual’s criminal conviction(s). It is generally premised on the recommendation of the Pennsylvania Board of Pardons. The pardon essentially sets aside the convictions and reverts it to a dismissal of charges. Records of dismissed charges are eligible for expungement or sealing and may be removed.

Since 2023, the Pennsylvania Clean Slate Law has expanded eligibility for felonies. However, most serious crimes, including violent and sexual felonies, are still not eligible for sealing. However, applicant may petition for the sealing of their criminal records after ten years if such offenses belong to the following category:

• Theft crimes, including retail Theft and receiving stolen property
• Drug crimes
• Trespass
• Forgery and fraud crimes, including access/devise fraud, bad checks, ID theft, and welfare fraud
• Criminal mischief

Is expungement the same as Order of Limited Access In Pennsylvania?

In the state of Pennsylvania, expungement differs from an Order of Limited Access (also known as record sealing).

• Expungement: Expungement (defined under 18 Pa.C.S. § 9102) of records serves the same basic function as record sealing; they both restrict public access to criminal history record information. For expungement, the Pennsylvania State Police database typically removes the record, ensuring it does not appear in background checks. Nonetheless, criminal justice agencies retain limited access to certain information, pursuant to 18 Pa.C.S. § 9122(c), for specific purposes, such as identifying repeat offenders, determining eligibility for diversion programs, or handling investigative needs.

• Order of Limited Access (Sealing): This process was established under 18 Pa.C.S. §§ 9122.1–9122.2 and expanded by the Clean Slate Act. This procedure hides certain records from public view. However, it remains accessible to criminal justice agencies and other authorized personnel (18 Pa.C.S. § 9121(b.1)–(b.2)). For instance, courts, law enforcement, and some state licensing boards may still access sealed records.

How Long Does a Felony Stay on Your Record in Pennsylvania?

In Pennsylvania, a felony conviction will remain on someone's record permanently unless they approach the court for an expungement (available in narrow cases), obtain a pardon, or have it sealed (with limited access).

Opportunities to expunge adult criminal convictions are limited in Pennsylvania. However, the state criminal code provides for the expungement of a felony from an individual's record when:

• The person has been dead for 3 years.
• The person is seventy (70) years old and has had no convictions or prosecutions for ten years following the completion of their sentence. (18 Pa. C. S. A. § 9122 (2019)).
• Expungement also applies to charges that do not result in convictions, certain summary convictions after 5 years, Accelerated Rapid Disposition (ARD) in eligible cases, and pardoned offenses.
• Pardon: Obtaining an unconditional pardon from the Governor of Pennsylvania typically results in a record becoming expungeable.
• Sealing/Order for Limited Access: Under Pennsylvania's Clean Slate law (18 Pa.C.S. §§ 9122.1, 9122.2, 9122.3), individuals with low-level, non-violent crimes, such as specific drug and theft offenses, may have their criminal records sealed after fulfilling certain eligibility requirements (e.g., waiting period). Sealed records are hidden from public view but remain accessible to law enforcement and other authorized agencies.

Offenses that do not qualify for expungement under Pennsylvania's Clean Slates law include murder, sexual offenses, and crimes involving danger to another person.

What is a Misdemeanor in Pennsylvania?

In Pennsylvania, a misdemeanor is an offense that is less than a felony but more severe than a summary offense. Since misdemeanors are less severe offenses compared to felonies, they carry shorter prison terms (maximum) and lower fines. Nonetheless, having a misdemeanor record still comes with considerable consequences, such as probation, fines, and a permanent criminal record.

Pennsylvania law (18 Pa. C.S. § § 106, 1104, 1101) categorizes misdemeanors into three degrees: first-degree misdemeanors, second-degree misdemeanors, and third-degree misdemeanors.

The following section outlines the penalties and examples of misdemeanors in the different categories:

Misdemeanor of the First Degree

Maximum penalty: up to 5 years imprisonment and a $10,000 fine.
Examples: terroristic threats, stalking, or simple assault under certain circumstances.

Misdemeanor of the Second Degree

Maximum penalty: up to 2 years imprisonment and a $5,000 fine.
Examples: bigamy, reckless endangerment, or simple assault without serious injury.

Misdemeanor of the Third Degree

Maximum penalty: up to 1 year imprisonment and a $2,500 fine.
Examples: disorderly conduct (when graded as a misdemeanor, 18 Pa. C.S. § 5503), loitering and prowling at night (18 Pa. C.S. § 5506), or property theft under $200.

Pennsylvania law treats unclassified misdemeanors as third-degree misdemeanors unless otherwise specified.

What are some examples of Misdemeanors in Pennsylvania?

The following criminal offenses are examples of misdemeanors in the state of Pennsylvania:

Misdemeanor of the First Degree

• Stalking
• Simple Assault (certain cases, e.g., against a child under 12)
• Terroristic Threats
• Theft of property valued between $200 and $2,000
• Possession of marijuana greater than 30 grams

Misdemeanor of the Second Degree

• Bigamy
• Impersonating a Public Servant
• Retail Theft (second offense under $150 in value)
• Theft of property valued between $50 and $200

Misdemeanor of the Third Degree

• Open Lewdness
• Loitering and Prowling at Nighttime
• Theft of property valued less than $50
• Possession of marijuana (30 grams or less)

Can I Get a Misdemeanor Removed from a Record in Pennsylvania?

Interested individuals may be eligible to petition for the sealing or expungement of their misdemeanor records under specific conditions. Typically, the process depends on the type of offense involved, the outcome of the case, and the amount of time that has passed since the conviction.

Expungement is typically available (under 18 Pa. C. S. A. § 9122) when:

• The person has been dead for at least three years.
• The person is seventy (70) years old and has had no convictions or prosecutions for ten years following the completion of their sentence.
• The case ended in a non-conviction outcome (dismissal, acquittal, or successful completion of a diversionary program such as Accelerated Rapid Disposition (ARD) in eligible cases, and pardoned offenses.

Limited Access/Sealing

Under the Clean Slate Law, most second- and third-degree misdemeanors and certain ungraded offenses may qualify for automatic sealing from public view if the individual:

• Has gone ten years without a subsequent conviction, and
• Has paid all fines, fees, and restitution.

Records that are eligible for sealing under the Clean Slate Law include:

• Non-convictions (dismissals, acquittals, nolle prosequi).
• Summary offenses, if five years have passed without new convictions.
• Non-violent misdemeanor convictions, such as minor theft, shoplifting, or DUI (general impairment only).

Records ineligible for sealing or expungement include:

• Crimes against minors (e.g., statutory rape).
• Offenses involving danger to another person (e.g., assault).
• Sex offenses requiring registration.
• Incest and bigamy.
• Certain firearms or weapon-related crimes.

Can a DUI Be Expunged in Pennsylvania?

DUI convictions typically remain on an offender's criminal record in Pennsylvania. A first-time, non-violent offender may, however, clear their DUI by participating in an Accelerated Rehabilitative Disposition (ARD) program. Individuals accepted in ARD programs are expected to fulfill court-ordered conditions such as probation, treatment, restitution, and community service. After completing the requirements, they may petition for the expungement of the relevant DUI charge under 18 Pa.C.S. § 9122 and 234 Pa. Code Rule 320.

Individuals convicted of DUI do not qualify for expungement unless:

• The person is 70 years old and free of any conviction for 10 years after sentence completion
• The person has been dead for at least 3 years

Under the Clean Slate Act, specific low-level, non-violent misdemeanors may be sealed automatically after 10 years. However, DUI convictions are clearly excluded from automatic sealing under the Act.

What constitutes a Summary offense in Pennsylvania?

In Pennsylvania, summary offenses are the most minor (least severe) type of criminal offense. Summary offenses (also referred to as "non-traffic citations") are usually handled by Magisterial District Courts and typically involve enforcement by issuing a citation, either on the spot or by mail in some cases (234 Pa. Code Rule 1002).

A summary citation includes:

• A brief factual description of the offense
• The statute or code provision alleged violated
• Instructions to the defendant on how to respond

In most cases, summary offenses do not result in jail time. However, some statutes allow for short jail terms (e.g., up to 90 days), depending on the severity and degree of the offense.

Summary offenses in Pennsylvania are typically categorized into three types:

Traffic summary offenses: As the name suggests, these are usually traffic violations (minor) under the Motor Vehicle Code (e.g., illegal parking, running a red light, and speeding). A law enforcement officer typically issues traffic citations to individuals who violate traffic summary offenses.

Non-traffic summary offenses: These comprise the least serious types of offenses under Pennsylvania's criminal code (e.g., disorderly conduct, underage drinking). As a result, they carry the lightest penalties of all the classes of criminal offense. Nonetheless, they constitute criminal charges under Pennsylvania law.
A conviction or guilty plea for non-traffic violations often results in a criminal record, which is often visible in background checks.

Game and Wildlife summary offenses: This category of offenses often includes individuals charged with illegally hunting and killing game. Offenses under this category are further classified into summaries of the first through eighth degree, with penalties including fines and possible short jail terms. For example, a first-degree summary offense carries a fine of $1,000 to $5,000, while a second-degree summary offense is punishable by a fine between $400 and $800.

What Are Some Examples Of Summary Offenses In Pennsylvania?

General examples of summary offenses in Pennsylvania include the following:

• Disorderly conduct
• Public drunkenness and intoxication
• Underage drinking/possession of alcohol by minors
• Defiant trespass
• Obstructing highways or other public passages
• Retention of library property after notice to return
• Illegal use of shopping carts
• Traffic offenses (minor violations)
• Public urination
• Not adhering to dog laws
• Opening fire hydrants

Can Summary Offenses Be Expunged From A Pennsylvania Criminal Court Record?

Yes. An individual may petition for the expungement of their summary offense convictions and non-conviction records in the following instances:

• Records of charges that resulted in dismissals, nolle prosequi, or acquittal verdicts are eligible for expungement (or sealing) under the Clean Slate Law.
• A potential petitioner may apply for record expungement if they have been free of arrest or prosecution for five years since the conviction, provided all fines, costs, and restitution imposed have been fully paid.
• Offenders who were under 18 when they incurred the conviction are eligible for expungement under Rule 490.