Pennsylvania arrest records are documents maintained by law enforcement agencies across the Commonwealth. They provide a formal account of an individual's apprehension and detainment by an arresting agency. Each person's arrest record contains details of the crime they are suspected of committing, the place and date of the arrest, and the individual's details, such as their name, description, and date of birth.
The significance of arrest records extends beyond mere documentation. They play a crucial role in various legal contexts, including criminal investigations, trials, and personal injury investigations.
Pennsylvania arrest records can also impact the subject of the information. Due to their arrest history, former arrestees may find securing jobs, loans, and even VISAs challenging. Fortunately, some arrestees can have their records removed by expungement.
According to Pennsylvania's Uniform Crime Reporting System, law enforcement made 84,322 arrests in 2022, an 11.54% increase from the previous year's 75,596 arrests. Simple assaults accounted for the highest number of arrests at 36,027, with larceny a close second (27,068).
While the Pennsylvania State Police is the central custodian of the Commonwealth's criminal records, police departments and law enforcement agencies are the primary custodians of arrest records. In most cases, individuals can also go through the judiciary to find and obtain arrest information.
Are Arrest Records Public in Pennsylvania?
Yes, Pennsylvania arrest records are largely considered public records. This accessibility is rooted in the state's commitment to transparency and accountability. The Pennsylvania Right-to-Know Law (65 P.S. §§ 67.101 - 67.3104) grants members of the public the right to access government records, which encompasses arrest records.
However, the public's right to access Pennsylvania arrest records is not absolute. Specific information is statutorily restricted from public access, including:
- Juvenile Records: Records about juvenile offenders are generally kept confidential in line with the Juvenile Act (42 Pa.C.S. § 6307). The Act restricts access to juvenile arrest and court records to specific entities, such as court staff, parole boards, the Administrative Office of Pennsylvania Courts, and parties of the case proceedings.
- Ongoing Investigations: Investigative materials and information may be withheld from the public to safeguard the integrity of ongoing criminal investigations. This policy aims to prevent any compromise of an investigation or the rights of the individuals involved, especially victims, informants, and witnesses.
- Expunged Records: Arrest records that have been expunged or sealed are not accessible to the public.
- Records Restricted By Law: Records restricted by federal or state law are considered closed to the public. Court rules also specify information and documents that the public cannot access.
Other exceptions are enumerated in 65 P.S. § 67.708.
What is Included in Pennsylvania Arrest Records?
A typical Pennsylvania arrest record comprises several pieces of information, such as:
- An Arrestee's Details:
- Full name, including any aliases
- Date of birth
- Physical description (race, height, weight, eye and hair colours, and identifying marks)
- Arrest Details:
- Date and arrest location
- Arresting agency and officer's name
- Reason for the arrest, including specific charges
- The case number associated with the arrest
- Mugshot and Fingerprints:
- Photograph taken at the time of arrest
- Set of fingerprints
- Charges Filed:
- Detailed list of charges, including any statutory references
- Charge classification (misdemeanour, felony, etc.)
- Bail/Bond Information:
- The amount set for bail or bond, if applicable
- Details of any bail paid
Find Public Arrest Records in Pennsylvania
Members of the public seeking to look up arrest records in Pennsylvania may find them by following these steps:
Determining the Source
Local police departments, county sheriff's offices, and courts are familiar sources of arrest records. Knowing the location of the arrest can point the searcher to the specific police department, sheriff's office, or court holding the record.
Understanding Request Methods
Law enforcement agencies have different record request processes. They may require inquirers to submit their requests in person, by mail, or online. In some cases, telephone requests are allowed. Usually, interested individuals can contact a record's custodian to inquire about their request policy. They can also visit an agency's website to find pertinent information.
Required Information
Persons seeking arrest records also need specific information to search and submit their requests. This information can include the full name and any known aliases of the individual, the date and place of arrest (if known), and the case or file number (if available).
Fee Payment
Record seekers must be prepared to pay a nominal fee for record copies. Fees vary by agency and record volume. Individuals must also pay for certification and cover the cost of mail orders to receive the documents by mail.
Inquirers must also confirm the means of payment with an agency.
Obtaining Restricted Records
Persons seeking restricted records, such as investigative materials or sealed information, may approach a court to obtain a subpoena or court order.
Obtaining a subpoena in Pennsylvania can be complex. One must be a party to a case that involves the police department before they can get a subpoena for a police report. If the individual is not part of the case, they can initiate a civil action against the arrestee or the police department and request the subpoena.
How to Lookup Arrest Records Online in Pennsylvania
Law enforcement agencies offer internet portals that allow individuals to view arrest information online. Many of these resources are inmate search databases that do not provide official or in-depth arrest records. Individuals may be restricted to viewing basic arrest details, such as the name and description of the arrestee, charges, and incarceration status.
People seeking arrest information on individuals who were not charged or convicted may have to contact the police department that made the arrest. That is because details of such arrests may have been expunged or do not exist online.
The following are some online resources that show arrest details:
Pennsylvania Access To Criminal History (PATCH): Eligible persons maysend requests through ePATCH, an online application provided by the Pennsylvania State Police. The system dispenses criminal records that include arrest records of mostly convicted individuals.
County Websites: Most county law enforcement offices provide websites where members of the public can search for inmates housed in county jails. These websites typically include the inmate's incarceration status, personal information, and charges.
The Unified Judicial System of Pennsylvania's Internet Portal: The Pennsylvania judiciary's Case Search tool allows members of the public to search, view, and print criminal court case dockets. The database shows arrest details of individuals, such as the arresting agency, arrest date, charges, case disposition, and sentencing information (if found guilty). Individuals can search for cases using different search queries, including the arrestee's name (defendant's name), attorney details, citation number, date filed, docket number, incident number, and calendar event.
Third-Party Resources: Some third-party sites, which are not connected to public bodies in Pennsylvania, offer online arrest record search resources for a fee.
How Long Do Arrests Stay on Your Record in Pennsylvania?
Pennsylvania arrest records may be permanent, depending on the offense and if an individual was convicted or sentenced. However, individuals whose cases were dismissed, never taken to court, disposed as not guilty, or who meet other Commonwealth criteria can have their arrest records expunged (deleted).
Expunge an Arrest Record in Pennsylvania
Expungement is the process of erasing an individual's criminal and arrest records. The expungement process in Pennsylvania is governed by the Criminal History Record Information Act, which allows for the expungement of records under specific conditions, such as acquittal, completion of a diversion program, or after a certain period for minor offenses.
The following individuals can expunge their records in Pennsylvania:
Pardoned offenders: The Administrative Office of Pennsylvania Courts will automatically delete records of pardon recipients upon receiving a notice from the Board of Pardons.
Individuals aged 70 and above: Once an individual reaches the age of 70, they can apply to have their records expunged as long as they have not been arrested or prosecuted for 10 years since they completed their last sentence.
Deceased individuals: The Commonwealth can posthumously expunge the records of persons dead for over three years.
Individuals with summary offenses: People convicted of summary offenses can have their records expunged after five arrests and crime-free years. Summary offenses include public drunkenness, underage drinking, disorderly conduct, and possession of a fake ID.
Individuals with non-convictions: An arrest record can be expunged if an individual's charges were dismissed or withdrawn or a prosecutor entered a "nolle prosequi" (a decision not to prosecute).
Clean Slate Law: The Clean Slate bill, passed in 2018, allows the state to automatically seal non-violent, minor cases after a specific period so long as there is no misdemeanour or felony conviction on the individual's record.
People who have completed diversion programs: Individuals who have completed the Accelerated Rehabilitative Disposition (ARD) or are eligible for Probation Without Verdict (PWV) under the Controlled Substances Act can apply to expunge their records. In some cases, records may be expunged automatically after completing the program.
After confirming eligibility, petitioners can follow these steps:
- Complete the required form: Individuals must fill out and print Form SP 4-170. This form is essential for requesting one's criminal history record, which is needed to file for expungement.
- Mail the form: The completed form should be mailed to the Central Repository at the address provided on the form. Along with the form, the individual must include:
- The processing fee. A $20 certified money order or check to the Commonwealth of Pennsylvania.
- A copy of a government photo ID to verify the subject's identity.
- A legal affidavit or a letter of representation if someone other than the subject is making the request.
- Receive the arrest record: The Central Repository will mail the entire arrest record to the individual. This record is necessary for the next steps in the expungement process.
- Contact the Clerk of Court: In the county where the arrest occurred, the applicant must contact the Clerk of Court. The Clerk of Court will provide further instructions on petitioning the court for expungement. The court process typically involves filling out a form and submitting it to the Court of Common Pleas in the county where the case was handled.
It is important to note that expunging and sealing a record are two different things. Sealed records are restricted from public access but are not deleted from the state's system. People who qualify under the Clean Slate bill can only seal their records using the Petition for Limited Access form.
The following entities can still access sealed records in Pennsylvania:
- Criminal justice agencies, including police departments, district attorneys, and courts
- Potential employers who petition the FBI for background checks
- Licensing agencies
How Do I Find Recent Arrests in Pennsylvania?
Interested individuals can find and obtain recent arrests in Pennsylvania by contacting the appropriate arresting agency. Finding this type of record involves knowing where an arrest happened and tracking down the correct department. For example, if a person has been recently arrested, their loved ones or interested persons can head to the closest precinct within the jurisdiction where the individual was apprehended.
Are Pennsylvania Arrest Records Free?
Searching arrest details on county web portals or the Pennsylvania judiciary's case search database is free. However, obtaining copies of arrest records will attract a fee. Individuals who engage third-party vendors will also pay the applicable fee to obtain arrest records. However, some vendors will provide limited information for free and only persons interested in extensive details will need to pay a fee to access it. Ultimately, the most convenient free arrest record options in Pennsylvania are the arrest logs and rosters compiled and published by local law enforcement agencies.
