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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

No limit for murder; 5 years for most felonies; 2 years for most misdemeanors42 Pa.C.S. § 5552

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

Major Offenses12 years for PWID, kidnapping, and certain sexual offenses42 Pa.C.S. § 5552(b.1)

Certain serious offenses including possession with intent to deliver, kidnapping, and sexual offenses involving children have a 12-year statute of limitations.

Sex Offenses Against MinorsUntil victim turns 5542 Pa.C.S. § 5552(c)

Sexual offenses against children (under 18) may be prosecuted until the victim reaches age 55.

State law

Key Pennsylvania Statutes

Felony Sentencing Ranges18 Pa.C.S. § 1103

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.

Clean Slate Act (Automatic Sealing)18 Pa.C.S. § 9122.2

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.

DUI Penalties (Three-Tier System)75 Pa.C.S. § 3802

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 Program (Accelerated Rehabilitative Disposition)Pa.R.Crim.P. 300–320

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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