Will a Summary Offense Appear in My Record in Pennsylvania?
Full Question:
Answer:
While it is possible that a summary offense may be subject to a fine and a dismissal of charges based on payment of the fine, it is also possible that other records may exist, such as records of arrest and investigation. In 2008, a new summary offense expungement law went into effect in Pennsylvania (see below). The law allows for people convicted of a summary offense to have their conviction expunged as long as they were not arrested or prosecuted five years after the conviction for the summary offense. A summary offense is not a misdemeanor or felony. I suggest consulting with a local attorney who can review all the facts and documents involved.
Please see the following PA statute:
18 Pa.C.S.A. § 106. Classes of offenses
(a) General rule. — An offense defined by this title for which
a sentence of death or of imprisonment is authorized constitutes
a crime. The classes of crime are:
(1) Murder of the first degree, of the second degree or of the third
degree, first degree murder of an unborn child, second degree murder of
an unborn child or third degree murder of an unborn child.
(2) Felony of the first degree.
(3) Felony of the second degree.
(4) Felony of the third degree.
(5) Misdemeanor of the first degree.
(6) Misdemeanor of the second degree.
(7) Misdemeanor of the third degree.
(b) Classification of crimes. —
(1) A crime is a murder of the first degree, of the second degree or
of the third degree if it is so designated in this title or if a person
convicted of criminal homicide may be sentenced in accordance with the
provisions of section 1102 (relating to sentence for murder and murder
of an unborn child). A crime is first degree murder of an unborn
child, second degree murder of an unborn child or third degree murder
of an unborn child if it is so designated in this title or if a person
convicted of criminal homicide of an unborn child may be sentenced in
accordance with the provisions of section 1102.
(2) A crime is a felony of the first degree if it is so designated in
this title or if a person convicted thereof may be sentenced to a term
of imprisonment, the maximum of which is more than ten years.
(3) A crime is a felony of the second degree if it is so designated
in this title or if a person convicted thereof may be sentenced to a
term of imprisonment, the maximum of which is not more than ten years.
(4) A crime is a felony of the third degree if it is so designated in
this title or if a person convicted thereof may be sentenced to a term
of imprisonment, the maximum of which is not more than seven years.
(5) A crime declared to be a felony, without specification of
degree, is of the third degree.
(6) A crime is a misdemeanor of the first degree if it is so
designated in this title or if a person convicted thereof may be
sentenced to a term of imprisonment, the maximum of which is not more
than five years.
(7) A crime is a misdemeanor of the second degree if it is so
designated in this title or if a person convicted thereof may be
sentenced to a term of imprisonment, the maximum of which is not more
than two years.
(8) A crime is a misdemeanor of the third degree if it is so
designated in this title or if a person convicted thereof may be
sentenced to a term of imprisonment, the maximum of which is not more
than one year.
(9) A crime declared to be a misdemeanor, without specification of
degree, is of the third degree.
(c) Summary offenses. — An offense defined by this title constitutes a
summary offense if:
(1) it is so designated in this title, or in a statute other
than this title; or
(2) if a person convicted thereof may be sentenced to a term
of imprisonment, the maximum of which is not more than 90 days.
(d) Other crimes. — Any offense declared by law to constitute a crime,
without specification of the class thereof, is a misdemeanor of the
second degree, if the maximum sentence does not make it a felony under
this section.
(e) Section applicable to other statutes. — An offense hereafter
defined by any statute other than this title shall be classified as
provided in this section.
18 Pa.C.S.A. § 1105. Sentence of imprisonment for summary offenses
A person who has been convicted of a summary offense may be sentenced
to imprisonment for a term which shall be fixed by the court at not more
than 90 days.
SECTION 1. SECTION 9122(B), (B.1) AND (C) OF TITLE 18 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
SECTION 9122. EXPUNGEMENT.
(b) Generally. Criminal history record information may be expunged when:
(1) An individual who is the subject of the information reaches 70
years of age and has been free of arrest or prosecution for ten years
following final release from confinement or supervision; or.
(2) An individual who is the subject of the information has been dead
for three years.
(3) (i) An individual who is the subject of.INFORMATION, PETITIONS THE COURT FOR THE EXPUNGEMENT OF A SUMMARY
OFFENSE AND HAS BEEN FREE OF ARREST OR PROSECUTION FOR FIVE YEARS
FOLLOWING THE CONVICTION FOR THAT OFFENSE.
(II) EXPUNGEMENT UNDER THIS PARAGRAPH SHALL ONLY BE PERMITTED FOR A
CONVICTION OF A SUMMARY OFFENSE.
(b.1) Prohibition. A court shall not have the authority to order
expungement of the defendant's arrest record where the defendant was
placed on Accelerated Rehabilitative Disposition for a violation of any
offense set forth in any of the following where the victim is under 18
years of age:
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 5902(b) (relating to prostitution and related offenses).
Section 5903 (relating to obscene and other sexual materials and
performances).
(c) Maintenance of certain information required or authorized.
Notwithstanding any other provision of this CHAPTER, THE
PROSECUTING ATTORNEY AND THE CENTRAL REPOSITORY shall, and the court
may, maintain a list of the names and other criminal history record
information of persons whose records are required by law or court rule to
be expunged where the individual has successfully completed the
conditions of any pretrial or post-trial diversion or probation program
OR WHERE THE COURT HAS ORDERED EXPUNGEMENT UNDER THIS SECTION. Such
information shall be used solely for THE PURPOSES
OF DETERMINING SUBSEQUENT ELIGIBILITY FOR SUCH PROGRAMSAND FOR,
IDENTIFYING PERSONS IN CRIMINAL INVESTIGATIONS. OR
DETERMINING THE GRADING OF SUBSEQUENT OFFENSES. SUCH INFORMATION SHALL BE
MADE AVAILABLE TO ANY COURT OR LAW ENFORCEMENT AGENCY UPON REQUEST.
