What is a Second Degree Felony in Pennsylvania?

A second-degree felony (F2) in Pennsylvania is a major criminal offense that is less severe than a first-degree felony but more serious than misdemeanors in terms of severity. It represents a significant crime that may lead to long prison terms and lasting personal consequences. Pennsylvania law classifies felonies into three degrees: first, second, and third. According to 18 Pa.C.S. § 106, an offense qualifies as a second-degree felony if the statute designates it as such or if the conviction carries a maximum prison sentence of up to ten years.

In Pennsylvania, second-degree felonies are types of crimes that involve violence or substantial financial loss, and the courts treat them with considerable gravity. Examples include:

• Aggravated assault (18 Pa.C.S. § 2702)
• Burglary (18 Pa.C.S. § 3502)
• Robbery (18 Pa.C.S. § 3701)
• Sexual assault (18 Pa.C.S. § 3124.1)
• Theft (18 Pa.C.S. § 3903)
• Criminal trespass (18 Pa.C.S. § 3503)
• Forgery (18 Pa.C.S. § 4101).

Which Crimes Are Considered Second Degree Felonies in Pennsylvania?

In Pennsylvania, second-degree felonies are classified as less serious than first-degree felonies but more severe than third-degree or misdemeanors. They impose severe penalties, including lengthy prison terms and substantial fines. Crimes in this category typically involve violence, serious harm, or high-value theft.

Second-degree felonies in Pennsylvania often include crimes such as:

• Aggravated Assault: Classified as a second-degree felony when the assault intentionally causes bodily injury to certain public officials, for example, police officers, or causes bodily injury to another with a deadly weapon (18 Pa.C.S. § 2702).
• Robbery: Robbery is a second-degree felony under 18 Pa.C.S. § 3701 if the offender causes or threatens bodily injury, or intentionally puts someone in fear of immediate harm.
• Burglary: Under 18 Pa.C.S. § 3502, burglary is typically classified as a second-degree felony when the offender enters a structure that is not designed for overnight occupancy and no one is present. If a burglary occurs in a home or an occupied building, it is upgraded to a first-degree felony.
• Sexual Assault: Non-consensual sexual intercourse without aggravating factors that elevate the crime to rape (18 Pa.C.S. § 3124.1)
• Theft: Under 18 Pa.C.S. § 3903, theft qualifies as a second-degree felony if:
  • The value of the stolen property is between $100,000 and $500,000.
  • The stolen property is a firearm.
  • The crime occurs during a manmade, natural, or war-related disaster.

What is Second Degree Murder and How is it Classified in Pennsylvania?

In Pennsylvania, second-degree murder happens when a person (the principal or accomplice) causes a death while committing or trying to commit a serious felony, like robbery, burglary, kidnapping, arson, or rape (18 Pa.C.S. § 2502(b)). Commonly referred to as felony murder, this offense is treated as a first-degree felony but carries the same penalty as first-degree murder: mandatory life imprisonment without parole (18 Pa.C.S. § 1102(b)).

First-degree murder involves an intentional, premeditated killing that is planned ahead of time. Second-degree murder, by contrast, applies when a death occurs during the commission of another serious felony, even if the killing was not planned. Manslaughter is different from both, as it usually involves unlawful killings without malice, for example, in the heat of passion (voluntary manslaughter) or through recklessness or negligence (involuntary manslaughter). Unlike second-degree murder, manslaughter does not involve the extreme disregard for human life that characterizes implied malice.

Pennsylvania Second Degree Felonies Penalties and Punishments

In Pennsylvania, a conviction for a second-degree felony carries serious penalties, including imprisonment, fines, and possibly probation, which may vary depending on the circumstances and the defendant’s criminal record. According to 18 Pa.C.S. § 1103(2), a second-degree felony may result in a prison sentence of up to 10 years. Judges have discretion to impose any sentence within this range, taking into account prior offenses and other aggravating or mitigating factors.

Under 18 Pa.C.S. § 1101(2), a court may impose a fine of up to $25,000, with higher amounts possible if the crime caused substantial financial loss or if restitution is required. Judges may also sentence an offender to probation, imprisonment, or a combination of both, but the total sentence cannot exceed 10 years. Certain violent crimes, firearm offenses, and offenses against children carry mandatory minimum prison terms. Probation may include community service, counseling, restitution, or strict reporting requirements.

Offenders serving prison sentences may be eligible for parole before completing their full term, depending on their behavior, participation in rehabilitation programs, and the parole board's discretion. A second-degree felony sentence may be substantially increased if the crime involves vulnerable victims, prior felony convictions, significant financial harm, or the use of a deadly weapon.

Are Second Degree Felony Records Public in Pennsylvania?

Yes. Second-degree felony records are publicly accessible in Pennsylvania. may Criminal History Information Act (CHRIA) (18 Pa.C.S. § 9121 et seq.) and the Pennsylvania Rules of Judicial Administration 213.81 classify felony convictions, including second-degree felonies, as public records. Courts, law enforcement, and the state’s criminal history systems provide this access. The public can access these records, unless the court seals, restricts, or removes the record by law.

Although these records are public, Pennsylvania provides limited remedies to restrict access. Under the Clean Slate law (§ 9122.2), individuals may petition to seal certain non-violent felonies if they remain conviction-free for 10 years after completing their sentence. A sealing order blocks public access but still allows law enforcement and designated government agencies to view the record. Courts can also seal or remove specific details from a case, such as victim addresses, personal identifiers, financial account numbers, or information about minors.

Criminal record accessibility differs widely across states. For instance, South Dakota has strict rules that typically prohibit the expungement of any felony conviction. In contrast, some states allow most felonies to be expunged, excluding serious or violent offenses, once the sentence is completed and the individual stays crime-free for a specified period.

How to Access Second Degree Felony Court Records in Pennsylvania

Under the Criminal History Record Information Act (CHRIA), second-degree felony convictions remain public unless a court seals, restricts, or removes them by law. The Unified Judicial System (UJS) Online Case Search Portal provides free access to these records. Users may search by a defendant’s name, docket number, filing date, or Offense Tracking Number (OTN). The search results include a docket sheet summarizing the case details, charges, court dates, and the outcome or sentence.

Individuals may use the Pennsylvania Access to Criminal History (PATCH) system to obtain a certified criminal background check. Operated by the Pennsylvania State Police, this paid service issues an official report commonly required for jobs or professional licensing. To use the system, individuals can:

• Visit the PATCH website
• Select the request type and click “Submit a New Record Check”.
• Review and accept the terms and conditions
• Enter your personal information and submit
• Pay the $22.00 fee per search using a credit or debit card
• View the certified criminal history record results.

Additionally, Pennsylvania’s 67 county Clerk of Courts offices maintain criminal records, including second-degree felonies. Individuals may contact the court clerk where the case was filed for detailed information.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes, second-degree felony charges in Pennsylvania may be reduced or dismissed, but this depends on the case facts, available evidence, and the prosecutor’s judgment. Courts do not lower felony charges on their own;; reductions usually occur through legal negotiations or procedural circumstances.

In Pennsylvania, second-degree felony cases may sometimes be settled through plea bargains, where the prosecution and defense agree to lower the charge to a third-degree felony or a misdemeanor. This often happens when the evidence is weak, the defendant has no prior record, or other mitigating circumstances are present.

A second-degree felony may also be dismissed under certain conditions. Prosecutors may drop the case if the evidence cannot support a conviction. For instance, when a key witness is unavailable, new evidence weakens the charges, or investigators make serious errors. Judges may also dismiss charges when they find violations of a defendant’s constitutional rights, such as an unlawful search, lack of probable cause, or inadequate evidence at a preliminary hearing to prove a crime occurred.

In some cases involving nonviolent first-time offenders, defendants may enter diversion programs focused on rehabilitation. Completing these programs successfully may lead to reduced charges or dismissal. A second-degree felony carries penalties of up to ten years in prison. Therefore, it is essential to have an experienced criminal defense attorney who may assess defenses, negotiate with prosecutors, and pursue charge reduction or dismissal.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Pennsylvania?

In Pennsylvania, murder convictions and second-degree felonies cannot be expunged and remain a permanent part of a person’s public criminal record. Expungement, the complete removal of records, is typically limited to non-convictions, such as dismissed charges, successful completion of diversion programs like ARD, and certain summary offenses (after five years without new arrests).

Limited Access (sealing) hides a criminal record from the general public, including most employers and landlords, but it is still visible to law enforcement and the courts. Under the the Clean Slate Law, only certain non-violent third-degree (F3) or ungraded felonies, such as lower-level property or drug offenses, may be sealed if the person goes 10 years without new convictions and pays all court-ordered fines and restitution. Drug felonies with sentences of 30 months or more, including serious cases like trafficking, are not eligible for sealing. First- and second-degree felony offenders are ineligible to petition for limited access.

Second-degree felony convictions stay on record unless the individual receives an unconditional pardon from the Pennsylvania Board of Pardons and then petitions the court to expunge the pardoned offense (§ 9122(a)(2.1)). Alternatively, someone who reaches age 70 and has remained arrest- and prosecution-free for 10 years after completing their sentence may also petition the court for expungement (18 Pa.C.S. § 9122(b)(1)).

The court may deny the request if an individual submits the wrong paperwork or relies on false assumptions. For this reason, qualified attorneys and Clean Slate clinics play an essential role: they review records, confirm eligibility, prepare and file the correct documents, and represent individuals in court.

How Long Do Second-Degree Felony Records Stay Public in Pennsylvania?

Second-degree felonies remain on public record unless strict criteria for sealing or expungement are met. Available options include eligibility for individuals aged 70 or older who have remained arrest-free for 10 years after completing their sentence, or obtaining a full pardon from the Pennsylvania Board of Pardons.who have been arrest-free for 10 years Due to their severity, these convictions are generally not eligible for expungement.

These conviction records are permanent and publicly accessible through the state’s Unified Judicial System (UJS) Online Case Search Portal and other databases, allowing employers, landlords, and others to view them. The duration of public access varies by state: some keep records indefinitely unless the individual seeks expungement or sealingereas. In contrast,others impose time limits, after which certain information documentsmay be sealed or expunged automatically or upon request.