Pennsylvania law
Criminal Defense Laws in Pennsylvania.
Pennsylvania classifies crimes as felonies (first, second, and third degree), misdemeanors (first, second, and third degree), and summary offenses. Pennsylvania has enacted significant criminal justice reforms including the Clean Slate Act, which automatically seals certain records. DUI penalties are structured in three tiers based on BAC level. The state does not have the death penalty following its de facto abolition.
Last verified: 2026-02-25
State law
Statute of Limitations
Murder has no statute of limitations. Most felonies must be charged within 5 years. Most misdemeanors must be charged within 2 years. Summary offenses within 30 days of discovery (but not more than 5 years after commission).
Exceptions
Certain serious offenses including possession with intent to deliver, kidnapping, and sexual offenses involving children have a 12-year statute of limitations.
Sexual offenses against children (under 18) may be prosecuted until the victim reaches age 55.
State law
Key Pennsylvania Statutes
First-degree felony: up to 20 years. Second-degree felony: up to 10 years. Third-degree felony: up to 7 years. First-degree misdemeanor: up to 5 years. Second-degree misdemeanor: up to 2 years. Third-degree misdemeanor: up to 1 year.
Pennsylvania's Clean Slate Act automatically seals certain non-conviction records, summary offense convictions (after 10 years with no subsequent convictions), and second- and third-degree misdemeanor convictions (after 10 years with no subsequent convictions and all financial obligations met). Petition-based sealing is available for other eligible offenses.
Pennsylvania uses a three-tier DUI system. General Impairment (0.08–0.099% BAC): first offense is ungraded misdemeanor, up to 6 months probation. High BAC (0.10–0.159%): first offense is ungraded misdemeanor, 48 hours to 6 months jail. Highest BAC (0.16%+): first offense is ungraded misdemeanor, 72 hours to 6 months jail. Penalties escalate significantly for repeat offenses.
ARD is a pretrial diversionary program for first-time offenders. Commonly used for DUI first offenses. Upon successful completion, charges are dismissed and the record may be expunged. Not available for violent offenses.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Pennsylvania.
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