Pennsylvania Criminal Defense Laws

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.

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.