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Your DuBois Criminal Defense Attorney
Nothing about a criminal charge in DuBois is small to the person facing it. Pennsylvania law gives you fixed reference points, from how a charge is graded to when a trial must start to what can eventually come off a record. This page explains the grading system, the limitation periods, why Rule 600 is less strict than it sounds, and what can happen to a record afterward, citing the statute or rule each time. Talking with an attorney who knows Clearfield County practice can turn these general rules into a plan for your case.
Deadlines, Trial Timing, and Records: The Short Version
- 2 years is the default for the Commonwealth to start most prosecutions (42 Pa.C.S. § 5552(a)). Some offenses run 5 or 12 years, and murder has no limit.
- Trial clock: 365 days from the date the complaint is filed (Pa.R.Crim.P. 600). Delay that is not the Commonwealth’s fault does not count, so the real deadline is often later.
- Pretrial jail time is capped at 180 days by Rule 600(B), with a motion for nominal bail if it is exceeded, other than in cases where you are not entitled to bail.
- The grade of a charge decides its maximum penalty: three degrees of felony, three of misdemeanor, and summary offenses at the bottom (18 Pa.C.S. § 106).
- Clearing a record: expungement, automatic Clean Slate limited access, and petition-based limited access are three different tools with different waiting periods (18 Pa.C.S. §§ 9122, 9122.1, 9122.2).
Felony, Misdemeanor, or Summary: What the Grade Means
A charge is not just ‘a felony’ or ‘a misdemeanor.’ Pennsylvania divides each into three degrees (18 Pa.C.S. § 106), and summary offenses form a separate, lower class, so the exact grade is worth finding out early.
The ceilings are set by statute. A first-degree felony can bring up to 20 years, a second-degree felony up to 10, and a third-degree felony up to 7 (§ 1103), while misdemeanors are capped at 5, 2, and 1 years (§ 1104) and summary offenses at 90 days (§ 1105). Fines follow the same ladder: $25,000 (first- and second-degree felonies), $15,000 (third-degree felony), $10,000, $5,000, and $2,500 (misdemeanors of the first, second, and third degree), and $300 (summary offenses), unless another statute sets a different figure (18 Pa.C.S. § 1101).
Section 106 also fills the gaps: a felony or misdemeanor without a stated degree is third degree, and an offense punishable by no more than 90 days is summary.
Pennsylvania's Time Limits on Prosecution
Pennsylvania’s general rule is short: unless another provision says otherwise, a prosecution must be started within two years after the offense (42 Pa.C.S. § 5552(a)). Many misdemeanors, and offenses such as simple assault and DUI, fall under that two-year rule.
The exceptions run long. Aggravated assault, burglary, robbery, theft, forgery, and offenses punishable under § 13(f) of the Controlled Substance Act are on a five-year list (§ 5552(b)), the most serious sexual offenses on a twelve-year list (§ 5552(b.1)), and murder and voluntary manslaughter can be prosecuted at any time (§ 5551).
What stops the clock is the start of the prosecution: an indictment, an information, or a warrant, summons, or citation that is served without unreasonable delay (§ 5552(e)). Under § 5554 the period is also paused while the accused is continuously absent from the state or cannot reasonably be located here, or while a prosecution for the same conduct is pending.
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Is There a Hard Deadline to Bring Me to Trial in Pennsylvania?
Pennsylvania’s speedy trial rule, Rule 600 of the Rules of Criminal Procedure, says trial in a court case must begin within 365 days after the complaint is filed. It is a real right. A violation is raised by a written motion, the judge holds a hearing, and dismissal under the rule is with prejudice, meaning the charges cannot be brought again. How the days are counted is what matters. Under Rule 600(C), time lost to the Commonwealth’s lack of diligence is included, and all other delay is excluded, so a case can lawfully run past 365 days when the delay came from the defense, from a waiver, or from circumstances the prosecution could not control.
The practical question is not whether 365 days passed but what the adjusted run date is. That depends on the recorded reasons for each delay and on whether the Commonwealth acted with due diligence, a fact-specific showing the court decides case by case. Two appellate decisions show the range. Commonwealth v. Graves (2024) upheld a dismissal because the Commonwealth could not show diligence, and under Commonwealth v. Harth (2021) a court’s own crowded calendar cannot excuse a late trial unless diligence was shown.
A different, shorter limit protects someone held before trial: 180 days from the complaint under Rule 600(B). Only delay caused by the defense is excluded from that count, and the remedy is a motion for immediate release on nominal bail, unless bail is not available in the case. One point of confusion: Rule 1013 gives cases in Philadelphia Municipal Court a separate 180-day period, and it does not apply anywhere else in Pennsylvania.
Which Court Handles a DuBois Criminal Case?
Early steps happen before a magisterial district judge: arraignment, bail, summary offenses, and the preliminary hearing (42 Pa.C.S. § 1515). If the charges go forward, the Court of Common Pleas is where the case is tried.
The Court of Common Pleas of Clearfield County handles the trial of charges from DuBois. It forms the Forty-sixth Judicial District under 42 Pa.C.S. § 901, and its county seat is Clearfield. The magisterial district for a case is generally the one where the offense is alleged to have occurred (Pa.R.Crim.P. 130).
Questions People Ask About DUI, Drug, Assault, and Theft Charges
Is a DUI a misdemeanor in Pennsylvania?
For most first offenses, yes: a first DUI in the general-impairment tier is a misdemeanor with a maximum of six months (75 Pa.C.S. § 3803), and the tiers above it start with mandatory jail time. The tiers are 0.08 to under 0.10 or inability to drive safely, 0.10 to under 0.16, and 0.16 or more (§ 3802), with first-offense minimums of six months of probation and $300, 48 hours and $500 to $5,000, and 72 hours and $1,000 to $5,000 (§ 3804).
A DUI charge is not limited to alcohol. Any amount of a Schedule I controlled substance in the blood, or of a Schedule II or III substance that was not medically prescribed, or of a metabolite of either, can support a charge under 75 Pa.C.S. § 3802(d)(1).
What is the difference between drug possession and drug delivery charges?
Possession of a controlled substance is a misdemeanor punishable by up to one year and a fine up to $5,000, and up to three years and $25,000 after a prior final conviction. A small amount of marijuana for personal use (30 grams or 8 grams of hashish) is a misdemeanor punishable by up to 30 days and $500. Manufacture, delivery, or possession with intent to deliver is a felony whose maximum depends on the drug, for example up to 15 years and $250,000 for a Schedule I or II narcotic (35 P.S. § 780-113).
A drug offense can also lead to a DUI-type charge: driving with any amount of a Schedule I substance, or a non-prescribed Schedule II or III substance, in the blood can be charged under 75 Pa.C.S. § 3802(d)(1), separately from the drug charge itself.
How serious is an assault charge in Pennsylvania?
Assault is graded by how serious the alleged conduct is. Simple assault is a second-degree misdemeanor unless it was a mutual fight (third degree) or committed by an adult against a child under 12 (first degree) (18 Pa.C.S. § 2701). Aggravated assault is a felony: first degree under subsections (a)(1), (2), and (9) and second degree under the other subsections (§ 2702(b)), with maximums of 20 and 10 years.
Because a first-degree felony carries a 20-year maximum and a second-degree misdemeanor two years (18 Pa.C.S. §§ 1103, 1104), a change from an aggravated to a simple assault charge changes what is at stake in a case.
How does Pennsylvania grade theft charges?
Theft is graded mainly by value (18 Pa.C.S. § 3903). Over $2,000, or a motor vehicle, is a third-degree felony; $100,000 to under $500,000 is a second-degree felony; $500,000 or more is a first-degree felony. Most other theft is a first-degree misdemeanor, with second-degree ($50 to under $200) and third-degree (under $50) misdemeanors when the property was not taken from a person or by threat. Retail theft has its own scale (§ 3929).
A theft charge turns on proving value and the taking, so how the property was valued, at market value at the time and place of the offense or replacement cost, can change the grade (18 Pa.C.S. § 3903(c)).
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Expunged, Sealed, or Limited: Why the Difference Matters
People often use ‘expunged’ and ‘sealed’ as if they meant the same thing. In Pennsylvania they do not: expungement removes a record, while Clean Slate limited access and limited access by petition restrict who can see it. Each has its own eligibility rules.
Expungement (18 Pa.C.S. § 9122) removes the record, and it is narrow. It covers charges that did not end in a conviction, acquittals on all charges (now expunged automatically), and completed Accelerated Rehabilitative Disposition cases (Pa.R.Crim.P. 320). For a conviction, it is available for a summary offense after five years free of arrest or prosecution, or at age 70 after ten years free of arrest following release from confinement or supervision.
Automatic limited access under 18 Pa.C.S. § 9122.2 works on a schedule: five years after judgment for a summary conviction, seven years conviction-free (for offenses punishable by a year or more) for misdemeanors of the second or third degree and misdemeanors punishable by two years or less, and ten years for a qualifying drug offense. Restitution and the fee must be paid, and non-conviction records are covered.
The petition route in § 9122.1 is for convictions the automatic process leaves out. Seven years without a new conviction is the waiting period for a qualifying misdemeanor, and ten years for certain felonies of the third degree or lower in categories like theft, forgery, criminal mischief, and criminal trespass. First- and second-degree felonies are not eligible, and the district attorney has 30 days to object.
Exclusions matter as much as waiting periods. Violent offenses (offenses against the person), offenses against the family, firearms offenses, registration offenses, and corruption of minors are left out of most of these processes (18 Pa.C.S. §§ 9122.1, 9122.3), and some prior records disqualify a person too.
One warning: limited access is a restriction on who sees the record, not a deletion. State Police and court dissemination to most employers and the public stops (18 Pa.C.S. § 9121), but criminal justice agencies, child-welfare agencies, custody and protection-from-abuse cases, and employers under federal screening rules can still get it. Similarly, an expungement, including one that follows a diversion or probation program, still leaves a list of names kept by the prosecutor and State Police, used only for later eligibility, criminal investigations, and the grading of later offenses (§ 9122(c)).
A Note on DuBois and the Local Courts
If you are charged in DuBois, your case will start in a magisterial district in Clearfield County and, if it goes forward, move to the Court of Common Pleas of Clearfield County. An attorney who works in that court regularly can explain how its schedule and practices affect the deadlines above, including the dates that matter under Rule 600.
Injury claims follow different Pennsylvania rules, covered on our DuBois personal injury page.
Nearby cities we also cover: our Punxsutawney page.
Frequently Asked Questions
Does Pennsylvania have a deadline for bringing criminal charges?
Yes, and it depends on the offense. Two years is the baseline (42 Pa.C.S. § 5552(a)); listed offenses run five years, major sexual offenses twelve, and murder and voluntary manslaughter have none (§ 5551). Time does not run while the accused is continuously absent from Pennsylvania (§ 5554).
Can a case be dismissed for violating the speedy trial rule?
Yes, but only after a motion and a hearing, and only if the time that counts has run out. Only Commonwealth delay without due diligence counts toward the 365 days, and other delay, including defense continuances, is excluded. If the rule was violated, the dismissal is with prejudice.
How does Pennsylvania grade crimes?
By class and degree under 18 Pa.C.S. § 106: felonies and misdemeanors are each divided into first, second, and third degree, and summary offenses sit below them. A statute that gives no degree is treated as third degree.
Can a summary offense be removed from my record?
Often, yes. A summary conviction can be expunged on petition after five years free of arrest or prosecution (18 Pa.C.S. § 9122(b)(3)), and it can qualify for automatic Clean Slate limited access after five years if restitution and the fee are paid (§ 9122.2).
Where will my criminal case be heard in DuBois?
It typically begins in a magisterial district in Clearfield County, chosen by where the offense is alleged to have occurred (Pa.R.Crim.P. 130), and a serious charge that goes forward is tried in the Court of Common Pleas of Clearfield County.
Is there a limit on pretrial jail time in Pennsylvania?
Yes: 180 days from the complaint, excluding only defense-caused delay (Pa.R.Crim.P. 600(B)). The exception is a defendant who is not entitled to bail under Pennsylvania law.
What is the penalty for a first DUI in Pennsylvania?
It rises with the tier: six months of probation and $300 (general impairment), 48 consecutive hours and $500 to $5,000 (high rate), or 72 consecutive hours and $1,000 to $5,000 (highest rate, refusal, or controlled substances), plus alcohol highway school and treatment (75 Pa.C.S. § 3804).
Does completing ARD count as a conviction?
ARD is a diversion program that can end in dismissal instead of a conviction, but it is not invisible: for retail theft, a prior ARD counts when deciding whether a later theft is a first, second, or subsequent offense (18 Pa.C.S. § 3929(b.1)), and for DUI, driving under the influence within 10 years after completing ARD is a separate offense (75 Pa.C.S. § 3802(h)(1)).
Will my conviction ever come off my record?
Some can, but usually through limited access, not expungement. Summary offenses qualify for automatic Clean Slate after five years, certain misdemeanors after seven years, and qualifying drug offenses after ten (18 Pa.C.S. § 9122.2), and a petition covers more (§ 9122.1).
Will a background check show my record after limited access?
Usually not for ordinary employer and public background checks, because the State Police must withhold it, but exceptions apply, including federally required employment checks (18 Pa.C.S. § 9121(b), (b.2)).
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