What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?
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What is Considered an Arrest in Pennsylvania?
In Pennsylvania, an arrest generally occurs when a person is taken into custody with the intention of filing charges against them or after charges have been filed. An arrest is typically executed in the Commonwealth when law enforcement suspects that a person has committed a criminal offense or if they have probable cause that an individual is about to commit a crime.
In Pennsylvania, arrests are made on or near the locations of the alleged offenses for offenses typically such as criminal offenses, public order offenses, traffic violations, juvenile offenses, violations of court orders, and civil offenses. These offenses may include trespassing, assaults, battery, driving under the influence (DUI), and domestic violence. Arrests made in Pennsylvania may either be a warrant or warrantless arrest.
Per Title 42, Section 8902 of the Pennsylvania Consolidated Statutes, a law enforcement officer has the right to arrest anyone for the following crimes and offenses without a warrant if they have probable cause to believe that the conduct of the offense/crime endangers private or public property or jeopardizes the personal security of other people:
- Offenses relating to public drunkenness
- Offenses relating to disorderly conduct
- Violation of a city ordinance of the second class
- Offenses relating to obstructing highways and blocking other passengers using the highways
What happens after an arrest may be crucial in a criminal case against an individual when charged. Hence, It is important to understand the following in the arrest process when facing an arrest in Pennsylvania:
- Custody and Control - In an arrest, custody means taking charge or control over a person and depriving them of their freedom, typically for investigative purposes. Under Pennsylvania law, once a person is arrested, they are taken into custody, after which charges are filed.
- Legal Authority - Per Sections 8952 and 8953, Title 42 of the Pennsylvania Consolidated Statutes, any duly employed municipal police officer has the legal authority to enforce the Commonwealth's laws. They are also authorized to perform the functions of their office, including making arrests anywhere within their primary jurisdiction and beyond their territorial limits under certain circumstances. Similarly, Section 508, Title 18 of the Pennsylvania Consolidated Statutes permits peace officers to make arrests and, in certain situations, private individuals.
- Miranda Rights - Miranda rights may have a direct impact on the outcome of a case. A suspect has to be informed of their right to remain silent and that whatever they say may be used against them. Under Pennsylvania law, the Miranda warning only applies when a person is in custody and being interrogated. When a suspect is in custody and subject to questioning by law enforcement (custodial interrogation), the officer must read out the Miranda warning. This warning informs the suspect of certain rights afforded to them under the United States Constitution, including the right to remain silent and the right to an attorney. Where a law enforcement officer fails to read a suspect the Moranda law as required by law, the suspect has the right to challenge such a violation in court. However, not all Miranda violations provide defenses in court.
- Restraint and Transport - Per Section 508, Title 18 of the Pennsylvania Consolidated Statutes, a law enforcement officer may restrain a suspect by using the level of force necessary to prevent the suspect from resisting lawful arrest or escaping. While it is not encouraged, an officer is justified in restraining a suspect by deadly force when making a lawful arrest if the officer believes that such force is needed to prevent death or being seriously harmed. After arresting an individual in Pennsylvania, a law enforcement officer is expected to transport the arrestee to police custody or a designated detainment facility for further actions, including booking.
- Booking Process - Once a suspect is taken into custody, law enforcement books them, which requires obtaining certain information about them and organizing evidence of the alleged offense. This process is what creates a person's arrest record. Typically, the suspect's name and the alleged crime/offense will be recorded. Law enforcement will also conduct a full body search, collect their fingerprints, take their mugshot, and collect their personal belongings for storage until after release. They may also conduct background checks on the suspect.
There is a distinction between arrest and detention in the Pennsylvania arrest process. Arrest typically involves formally depriving a person of their freedom based on probable cause that the individual has committed a crime. Charges are usually filed against a suspect once arrested and taken into custody. On the other hand, detention happens when law enforcement restrains a person's liberty to move primarily for investigative purposes. Such a person may never be charged with a crime. Generally, law enforcement officers may check a suspect's ID, ask questions, and search them during detention.
What is Unlawful Arrest in Pennsylvania?
An unlawful arrest in Pennsylvania generally occurs when law enforcement arrests a person based on an unlawful premise, particularly when they lack the authority to do so. Generally, unlawful arrests may lead people to spend time in jail, and in extreme cases, they may get convicted for crimes they never committed. Unlawful arrests are usually a result of abuse of power, mistakes, or misconduct on the part of law enforcement officers. The following are some elements that make an arrest unlawful in Pennsylvania:
- Lack of Probable Cause - It is unlawful for a law enforcement officer to arrest a suspect based on a gut feeling or suspicion. Any arrest that lacks just or probable cause is illegal and may do irreplaceable harm to an innocent victim of an unlawful arrest. The Pennsylvania Consolidated Statutes, Title 42, Chapter 89, requires a law enforcement officer to have probable cause to execute an arrest within the Commonwealth, especially without a warrant. Probable cause is a reasonable belief that someone has committed an offense.
- Violation of Constitutional Rights - Any arrest that violates a person's constitutional right in Pennsylvania is considered an unlawful arrest. For instance, an arrest made by law enforcement without informing the suspect of their Miranda rights while being subjected to custodial interrogation qualifies as an unlawful arrest. Similarly, using excessive and unwarranted force when making an arrest could render the arrest unlawful.
- Arrest Without a Warrant - While warrantless arrests are not illegal in Pennsylvania, any arrest without a warrant that fails to comply with the rules set in Title 234 of the Commonwealth's Code (the Pennsylvania Rules of Criminal Procedure) may be deemed unlawful.
- Mistaken Identity - Sometimes, false arrests may occur even when a law enforcement officer has probable cause to believe that someone has committed an offense if they arrest the wrong person as a result of mistaken identity. While this could happen due to genuine mistakes, it sometimes happens as a result of racial profiling.
- Racial Profiling and Discrimination - Arresting a person based on racial profiling or discrimination in Pennsylvania could constitute an unlawful arrest. The constitutional amendment passed in the Commonwealth in 2021 prohibits racial discrimination, including unlawfully arresting a person based on their racial identity.
- Procedural Violation - An arrest may be deemed unlawful when an established procedure is violated. For example, if an arrest is made based on illegally obtained information, it is considered an unlawful arrest.
Unlawful arrests usually have some serious consequences for individuals who are illegally arrested. For instance, there could be lost employment opportunities, lost wages, physical injuries, and reputational damage. Anyone who is illegally or falsely arrested in Pennsylvania may seek redress in court by filing a claim for an unlawful arrest. They may sue law enforcement for wrongful or unlawful battery, assault, imprisonment, and any other injuries or financial loss suffered due to the unlawful arrest. In addition, a person may be able to recover corrective damages, which are generally designed to punish the law enforcement officer or the arresting agency for their wrongful actions.
Are Arrest Records Public in Pennsylvania?
Yes, arrest records are considered public records in the Commonwealth of Pennsylvania. The Pennsylvania Right-to-Know Law permits anyone to request and access various government records and information, including arrest records. Typically, an arrest record in the Commonwealth will contain the arrestee's full name, mugshot, fingerprints, name of the arresting agency, the date of arrest, the arrest location, and charges. While arrest records are deemed public records, Pennsylvania takes privacy seriously, and as such, not all records are accessible without restrictions.
Generally, information such as the arrestee's name, time and date of arrest, charges, details of the arresting agency, booking details, the arrestee's gender, and detention information may be publicly accessed in a Pennsylvania arrest record. Arrestees' mugshots are also publicly available in the Commonwealth.
In Pennsylvania, access to some arrest records or certain information in some arrest records may be restricted to ensure privacy protection. For instance, sensitive records/details like juvenile arrest records and victim information in any arrest record may not be publicly accessed in the Commonwealth. Similarly, sealed arrest records, driver's license numbers, Social Security numbers, sensitive personal information, and financial information in an arrest record are not open to public access.
What are the Types of Arrest Records in Pennsylvania?
Arrest records are reports created by law enforcement after executing arrests. They are categorized into two levels in Pennsylvania based on the level at which they are maintained. These are local-level arrest records and state-level arrest records. While local-level arrest records are retrievable from the local police departments and county sheriff's offices, state-level arrest records may be accessed from the relevant state agencies, including state police.
Typically, local-level arrest records in Pennslyvania are created from arrests made by local/city police departments and the county sheriff's offices. Each local law enforcement agency in the Commonwealth maintains records of arrests made within their jurisdiction and makes them available to the public on request. On the other hand, state-level arrest records in Pennsylvania are typically generated from data transmitted from the local police departments and county sheriff's offices within the Commonwealth. They are usually a part of the state's criminal history records maintained by the State Police Central Repository.
Where are Arrest Records Kept in Pennsylvania?
Agencies responsible for maintaining arrest records in Pennsylvania and the kinds of records or reports they keep are discussed below:
- Local Police Departments and the County Sheriff's Offices - Most arrests are executed by local law enforcement agencies such as the police departments and sheriff's office. Each agency holds first-hand reports of arrests made within its jurisdiction, which typically contain arrestees' full names, comprehensive incident reports of arrests, fingerprints, mugshots, and charges filed.
- The Pennsylvania State Police - The Pennsylvania State Police (PSP) is a statewide repository for criminal records, typically maintaining comprehensive records of criminal proceedings initiated by arrests within the Commonwealth. Generally, arrest records form a part of the criminal records maintained by the PSP. They include records of arrests that resulted in convictions and those that did not.
- Pennsylvania's Judicial System - Arrest records retrieved from criminal court case dockets in the relevant courts typically contain the name of the arresting law enforcement agency, arrest time and date, charges filed, case disposition, and sentencing details (if the offender is found guilty).
- Correctional Facilities - Arrest records maintained by the Pennsylvania Department of Corrections (DOC) include the date of arrest, inmate (arrestee's) names, and mugshots. Federal correctional facilities within the Commonwealth, such as the USP Cannan and FCC Allenwood, maintain similar arrest information on individuals incarcerated within their facilities.
- Federal Agencies - Details of arrest records for individuals arrested for federal offenses within the Commonwealth's boundaries are on file of federal agencies, including the Federal Bureau of Investigation (FBI).
How To Find Public Arrest Records in Pennsylvania?
While there are multiple sources from which interested persons may find and obtain Pennsylvania arrest records, searches may largely be done in person, by mail, or online, depending on a person's preference and some other factors. Generally, requesters are required to provide the names of arrestees, the arrest location, and the arrest date when looking to retrieve Pennsylvania arrest records. The following are common places to find arrest records in the Commonwealth and how to find them:
- Local Law Enforcement Agencies - Pennsylvania arrest records may be retrieved from the local police departments/stations and the county sheriff's offices for arrests executed within their jurisdictions. A requester may need to fill out and submit a request form or a written request by mail or in person, depending on the agency and locality. Some county sheriff's offices may also accept online requests. However, it is best to contact a local law enforcement agency and inquire about their process to avoid unnecessary back and forth if looking to obtain a record of an arrest made by that agency.
- The Pennsylvania State Police(PSP) - The PSP manages the Pennsylvania Access to Criminal History system (ePATCH), a statewide database of criminal records within the Commonwealth. The database provides members of the public and law enforcement agencies with quick access to people's complete criminal history records, including the associated records of arrests. Individual access and review on ePATCH is available to the subject of a record of their legal representative with a legal affidavit. However, anyone who wishes to obtain individual access and review criminal history per Section 9152, Title 18 of the Pennsylvania Consolidated Statutes must do the following:
Pennsylvania State Police Central Repository
1800 Elmerton Avenue
Harrisburg, PA 17110-9758
- Complete the Request for Individual Access and Review Form (Form SP4-170)
- Mail the completed Form SP4-170, proper identification, and the required $20 fee (money order or certified check) to the PSP Central Repository at:
The PSP repository will make criminal history information containing an arrest record, including all charges for which a warrant of arrest was issued, to anyone upon proper request.
- Local County Courthouses - Each county courthouse in Pennsylvania maintains its records of arrest for criminal cases heard in the courthouse. Typically, interested persons will be able to file their requests with the court clerk in person, by mail, or online. Most counties charge for this service, but the fee varies by county.
- Third-Party Sites - While third-party sites are not affiliated with government sources, some, like RecordsFinder, are generally reliable and provide access to Pennsylvania's publicly available arrest records across different counties. However, it is advised to always verify any information found on third-party sites to ascertain accuracy. In most cases, these sites will charge a fee for their services.
How Long Do Arrests Stay on the Record in Pennsylvania?
In Pennsylvania, the circumstances around an arrest and the nature of charges filed against a person determine how long the arrest record stays on the individual's criminal record. Typically, the outcome of a case may determine how long an arrest record will stay on record. In certain instances, arrest records may remain indefinitely on people's criminal records in the Commonwealth unless expunged. Persons who were never taken to court, whose charges were dismissed, or who were found not guilty may have their arrest records expunged. Generally, arrest records for a simple offense like a traffic violation will remain on a person's record for a shorter period than for a severe criminal offense like a felony.
How To Seal or Expunge an Arrest Record in Pennsylvania
Pennsylvania allows the expungement and sealing of certain criminal history information and the associated arrest records. In the Commonwealth, expungement destroys arrest or criminal conviction data from a person's criminal record and removes or physically erases them from public view. On the other hand, record sealing is allowed under Pennsylvania's Act 5 of 2016, a process that permits offenders with misdemeanor records to clear their names and limit public access to certain records, including arrest records. Sealing of arrest records in the Commonwealth is also known as an order for limited access.
An individual must meet certain requirements to seal their arrest records in Pennsylvania, typically including the following:
- They have not been arrested or convicted and have been free from any other criminal proceedings for at least 10 years.
- The offense whose arrest record they wish to seal is an ungraded misdemeanor or a 2nd or 3rd-degree misdemeanor.
- They have been convicted of fewer than four misdemeanors.
- They have paid all court fees associated with their conviction.
- They have never had convictions for certain crimes, such as serious misdemeanor or felony offenses.
- They have fulfilled their sentencing for all convictions, including court-mandated programs and any fines.
Per the Pennsylvania Consolidated Statutes, Section 9122, Title 18, all criminal charges (including their arrest records) that did not result in a conviction are generally eligible for expungement in the Commonwealth. Summary convictions for a person who has a 5-year arrest-free period since their conviction may also be fully expunged in Pennsylvania. Furthermore, a person who is at least 70 years old and has been free of arrest or prosecution for 10 years since their conviction qualifies for expungement.
Anyone who is eligible for expungement and wants to have their arrest record expunged should mail a completed Form SP 4-170 to the Pennsylvania State Police Central Repository (RCPU). The completed form must be accompanied by a copy of the applicant's government-issued photo ID and a money order or check for $20. Once processed, the RCPU will mail the person's full arrest record to them. Afterward, the applicant should file an expungement petition with the Clerk of Courts in the county where the arrest they intend to expunge took place. The petition should include all the required documents, including the arrest records obtained from the RCPU.
After filing the petition in line with state law, the Clerk of Courts will forward a copy to the District Attorney (DA), who will either object or consent. If the DA objects, the clerk will schedule a hearing where the expungement petition will be further discussed. Each side will present their views on why an expungement is or is not deserved at the hearing. If the judge rules in favor of the petitioner after the hearing, they will sign an expungement order. Afterward, the Clerk of Courts will serve the order on the Pennsylvania State Police to expunge the applicant's arrest records from criminal history. While these records are deleted from public view, law enforcement, and judicial officers may still access them for official purposes. The same process applies to arrest record sealing in Pennsylvania.
