Pennsylvania Criminal Records
Table of Contents
Pennsylvania criminal records collectively refer to information gathered by criminal justice agencies across the state that relate to a person's involvement in criminal proceedings. These include arrest records, indictments, formal charges, case dispositions, sentencing information, inmate/jail records, and more.
Recent crime data indicates that Pennsylvania has an overall crime rate of 17.62, with a violent crime rate of 2.80 per 1,000 people. The Pennsylvania State Police (PSP) serves as the central repository for Pennsylvania criminal records and is charged with collecting, compiling, maintaining, and disseminating criminal history record information to interested parties. Notwithstanding this, criminal records may also be accessed through other governmental entities, including local law enforcement agencies, Courts of Common Pleas, and the state's Department of Corrections.
Are Criminal Records Public in Pennsylvania?
Criminal records are generally considered public in Pennsylvania, and access to these records is granted to interested parties under several statutes, particularly the state's Right-to-Know Law and Criminal History Record Information Act. These laws also provide certain exceptions where access to criminal records may be restricted. For instance, juvenile criminal records, records of sexual or physical abuse against minors, and sealed records may only be accessed by specific agencies or via court order. Records that are related to active investigations and/or can identify confidential informants and witnesses are also restricted.
How To Look Up Criminal Records in Pennsylvania?
The Pennsylvania State Police makes official criminal history record information accessible to interested members of the public online through the Pennsylvania Access to Criminal History (PATCH) System. To utilize this platform, navigate to the PATCH website and select one of the following options (depending on your intended reason for the record search):
- "Submit a New Record Check" - this option lets you perform criminal record checks on other individuals. There is a non-refundable $22 fee per request, plus an additional $5 fee to get the results notarized.
- "New Volunteer Record Check" - this option lets you run a background check for volunteering purposes. There is no fee for this; however, the agency or organization you wish to volunteer with must have been pre-approved. Also, records obtained from a volunteer check cannot be notarized.
You will typically be assigned a "control number" once your request is submitted, which can be used to check the status of your request and also to validate the provided result(s).
Alternatively, you may also obtain copies of criminal record from the PSP by completing and mailing either a Form SP 4-164 (Request for Criminal Record Check) or a Form SP 4-164A (Request for Criminal Record Check - Volunteer Only) to the agency using the addresses provided on the form.
The PSP also offers the option of obtaining a criminal record for review; however, these types of requests may only be made by the subject of the record and their legal representatives. To request your record for review, complete and mail a Form SP 4-170 (Request for Individual Access and Review), along with a $20 fee and necessary supporting documentation, to the agency via the address listed on the form. Note that criminal records obtained via this method can neither be notarized nor used for employment purposes.
How To Search Pennsylvania Arrest Records?
Pennsylvania arrest records are generated by law enforcement agencies - like local police departments, county sheriff's offices, and the Pennsylvania State Police - when they take an individual into custody. These records document details of the arrest process and typically contain information like:
- The arrestee's full name and date of birth
- The arrestee's physical description and mugshot
- The date and location of the arrest
- The arresting agency
You can typically access Pennsylvania arrest records by directly contacting the specific law enforcement agency responsible for the arrest. Many of these agencies offer online portals for submitting records requests; some may also offer free online access to their incident reports and recent arrest logs.
How To Search Pennsylvania Warrants?
Pennsylvania warrants are legal documents authorizing law enforcement actions, such as searches and arrests. These warrants are typically issued by judges, and they include:
- Arrest Warrants: these authorize the arrest of a suspect.
- Bench Warrants: these are issued when a person fails to appear in court.
- Search Warrants: these authorize the search of a specific location.
In Pennsylvania, once an arrest or bench warrant is issued, it remains active until the individual named on the warrant is either apprehended or the warrant is revoked by the court that issued it. On the other hand, search warrants typically have to be executed within two days of being issued; in situations where a search warrant is issued for something expected to happen in the future, the search can only take place after that event occurs.
Many counties in Pennsylvania offer access to online tools and databases that you can use to search for active warrants. Contact the sheriff's office in the county where you believe the warrant was issued for more information.
Can I Obtain a Pennsylvania Criminal History Record of Another Person?
You may obtain another person's criminal history record in Pennsylvania by requesting a criminal history check through the Pennsylvania State Police (PSP). These requests may be made online via the PATCH System (select the "Submit a New Record Check" option) or by mailing a properly completed Form SP 4-164 to the PSP at:
Pennsylvania State Police
Central Repository - 164
1800 Elmerton Avenue
Harrisburg, PA 17110-9758
There is a non-refundable fee of $22 per request, and you also have the option of notarizing the provided record(s) for an additional $5 fee.
How To Expunge or Seal Pennsylvania Criminal Records
Pennsylvania allows for the sealing or expungement of certain criminal records. When a record is sealed, it is hidden from public view and will not show up on background checks, but may still be accessed by law enforcement and certain other governmental entities. Most criminal records may be sealed, except for records involving serious offenses, including violent crimes, corruption of minors, and offenses requiring registration as a sex offender. On the other hand, expungement completely erases and destroys the record. Expungements are less common (than sealing) and are typically limited to non-conviction records and specific types of conviction records, including juvenile records, summary convictions, and pardoned convictions.
Some records are sealed automatically under the Pennsylvania Clean Slate Law (provided certain eligibility criteria are met). For records that do not qualify for automatic sealing, the subject of the record must initiate the process themselves. This typically involves the following steps:
- Confirm that the record you wish to seal or expunge is eligible for the process.
- File a petition with the court of jurisdiction (necessary forms are available on the Unified Judicial System of Pennsylvania's official website). For expungements, you must attach a copy of your criminal history report obtained from the Pennsylvania State Police within 60 days of filing the petition.
- Once your petition is filed, the district attorney will be notified and given 30 - 60 days to either file an objection, consent or take no action. Depending on the DA's response, a hearing may be scheduled, where you will be allowed to present your case.
- Receive a court order granting or denying the petition. If the petition is granted, relevant criminal justice agencies will be notified to either limit public access to the record(s) or destroy them, whichever is applicable. Note that in situations where the DA objects to an expungement and the court still goes ahead to grant it, the order will be stayed for 30 days to allow for an appeal.
What Are the Limitations To Use of Criminal Records for Employment, Licensing, and Housing in Pennsylvania?
Several state and federal laws govern the use of criminal history record information in Pennsylvania and place limitations on how these records may be used for employment, licensing, and housing. These include:
- The Pennsylvania Criminal History Record Information Act: Per this act, employers may only consider a person's felony and misdemeanor convictions if they are relevant to the person's suitability for the job. Additionally, if a hiring decision is influenced by the applicant's criminal history, the employer must inform them in writing.
- The Federal Fair Credit Reporting Act: This mandates individuals or organizations conducting third-party background checks for employment, housing, or licensing purposes to first obtain the person's permission and also provide them with a copy of the report before taking any action based on the criminal history report (obtained from the background check).
- The Fair Chance Act: This law restricts federal agencies and contractors from inquiring about criminal history until after a conditional job offer.
Certain municipalities, including Philadelphia, Pittsburgh, Lancaster, Allentown, Northampton, and Beaver Counties also have local laws that prohibit employers from asking about criminal history until after extending a job offer and/or require a compelling reason for rejecting a candidate due to their criminal record.
In addition, both the U.S. Department of Housing and Urban Development (HUD) and the Equal Employment Opportunity Commission (EEOC) provide guidance that restricts employers and housing providers from making blanket hiring or housing decisions/policies based solely on criminal records.
Can I Access Pennsylvania Criminal Records for Free Online?
Several private websites claim to offer access to Pennsylvania criminal records (usually for a nominal fee). However, these records may not always be up-to-date and/or accurate. As such, it is best to utilize official platforms like the PATCH System and the Pennsylvania Judiciary Web Portal or premium third-party sites like PennsylvaniaPublicRecords.us that aggregate data from official databases when searching for Pennsylvania criminal records online.