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Your Scranton Criminal Defense Attorney
A criminal charge brings a lot at once: a court date, questions about work and family, and no clear picture of what comes next. This page walks through the Pennsylvania rules that most often shape how a case in Scranton unfolds. The sections that follow cover how Pennsylvania grades charges, the time limits on prosecution, the speedy trial rule and its exceptions, and the three ways a record can be cleared. A local attorney who handles Lackawanna County cases can tell you which of these rules apply to your situation.
Quick Answers on Charges, Deadlines, and Records
- 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.
- Sitting in jail awaiting trial: 180 days is the ceiling under Rule 600(B), after which release on nominal bail can be requested unless bail is not available in your case.
- Felony, misdemeanor, or summary? Pennsylvania grades each offense by degree, and the degree sets the ceiling on prison time and fines (18 Pa.C.S. §§ 106, 1101, 1103 to 1105).
- Records: Pennsylvania has three separate routes, expungement, Clean Slate limited access, and limited access by petition, and they are not interchangeable (18 Pa.C.S. §§ 9122 to 9122.2).
What Do the Degrees of Felony and Misdemeanor Mean?
Under 18 Pa.C.S. § 106, every crime falls into a class: three degrees of felony, three degrees of misdemeanor, or a summary offense. Knowing which class your charge sits in tells you the most a court can impose.
By degree, a court may impose up to 20, 10, or 7 years for first-, second-, and third-degree felonies (18 Pa.C.S. § 1103), up to 5, 2, or 1 years for first-, second-, and third-degree misdemeanors (§ 1104), and up to 90 days for a summary offense (§ 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).
A statute that names no degree is graded at the third degree, and a maximum penalty of 90 days or less makes an offense summary, according to 18 Pa.C.S. § 106.
How Long Does the Commonwealth Have to Bring Charges?
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.
Which period applies depends on the offense. Five years covers a long list that includes aggravated assault, terroristic threats, burglary, robbery, theft, forgery, and delivery-type drug offenses (§ 5552(b)); twelve years covers rape, incest, and related offenses (§ 5552(b.1)); and some offenses, including murder, have no limitation (§ 5551).
Under § 5552(e), a case is commenced when an indictment is found, an information is issued, or a warrant, summons, or citation is issued and promptly executed. Section 5554 adds pauses for someone continuously absent from Pennsylvania or without a reasonably ascertainable home or job here, and while a prosecution for the same conduct is pending.
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How Long Can Pennsylvania Take to Bring Me to Trial?
Under Pa.R.Crim.P. 600, a trial in a court case must commence within 365 days of the complaint. The remedy is not automatic: the defense files a written motion, the court holds a hearing, and if the rule was violated the dismissal is with prejudice, so the charges cannot be refiled. But 365 days is only a starting point. Under Rule 600(C), only delay caused by the Commonwealth when it failed to use due diligence counts against it. Every other period of delay is excluded, including continuances the defense asks for, time when the defense is unavailable, and any period the defendant waives.
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.
Time in jail is measured separately. Under Rule 600(B) a person may not be held more than 180 days before trial, excluding only defense delay, and (D)(2) provides a motion for release on nominal bail, except where the defendant is not entitled to bail.
Which Court Handles a Scranton Criminal Case?
In Pennsylvania a criminal case generally begins with a magisterial district judge, who deals with summary offenses, arraignment, bail, and the preliminary hearing (42 Pa.C.S. § 1515), before the case goes on to the Court of Common Pleas.
In Lackawanna County the Court of Common Pleas is the Forty-fifth Judicial District (42 Pa.C.S. §§ 901, 951). It is the court that would try a serious charge from Scranton, and Scranton is the county seat. Which magisterial district hears the case is set by where the offense is alleged to have occurred (Pa.R.Crim.P. 130).
What These Charges Mean in Pennsylvania
What happens if I am charged with DUI in Scranton?
Pennsylvania’s DUI law has tiers. General impairment covers driving while unable to drive safely or with a blood alcohol level of 0.08 to under 0.10, high rate covers 0.10 to under 0.16, and highest rate covers 0.16 and above (75 Pa.C.S. § 3802). For a first offense the minimums rise with the tier: six months of probation and a $300 fine, then at least 48 hours in jail and $500 to $5,000, then at least 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).
How does Pennsylvania treat a small amount of marijuana?
Pennsylvania draws a specific line: a small amount of marijuana, meaning 30 grams or 8 grams of hashish, held only for personal use is a misdemeanor with a maximum of 30 days and $500 (35 P.S. § 780-113(a)(31), (g)). Possession of other controlled substances is a misdemeanor of up to a year and $5,000, and delivery or possession with intent to deliver is a felony graded by the drug.
A prior final conviction under the Act raises the possession ceiling from one year and $5,000 to three years and $25,000 (35 P.S. § 780-113(b)), which is one reason a record’s accuracy and its clearing matter.
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.
Which subsection is charged decides the grade, so the charging document matters: the same incident can be charged as simple or aggravated assault, and the difference is a misdemeanor versus a felony (18 Pa.C.S. §§ 2701, 2702).
Is retail theft a misdemeanor or a felony?
Retail theft (18 Pa.C.S. § 3929) can be either, depending on the facts. A first offense under $150 is only a summary offense and a second is a second-degree misdemeanor, but merchandise worth $150 or more is a first-degree misdemeanor, and a third or subsequent offense, an amount over $1,000, or a firearm or motor vehicle makes it a third-degree felony.
For record clearing, a third-degree felony theft offense can be the subject of a petition for limited access after 10 years, while first- and second-degree felonies are excluded (18 Pa.C.S. § 9122.1(a.1)). A summary retail theft conviction may qualify for automatic limited access after five years (§ 9122.2).
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Will This Stay on My Record? Expungement, Clean Slate, and Limited Access
There is no single ‘clear my record’ button in Pennsylvania. The law provides expungement, an automatic Clean Slate process, and a petition process, each with its own waiting periods, conditions, and exclusions.
The classic remedy is expungement (18 Pa.C.S. § 9122), which removes the record but applies in limited situations: cases without a conviction, acquittals on all charges (which are now expunged automatically), and Accelerated Rehabilitative Disposition cases dismissed after completion (Pa.R.Crim.P. 320). A conviction can be expunged only if it was a summary offense after five clean years, or at 70 after ten clean years.
Clean Slate limited access needs no petition (18 Pa.C.S. § 9122.2). It applies to summary convictions after five years, to second- and third-degree misdemeanors and misdemeanors punishable by up to two years after seven years without a conviction for an offense punishable by a year or more, and to qualifying drug offenses after ten years, with restitution paid and a fee, and it includes non-conviction records.
For everything else, § 9122.1 allows a petition. A qualifying misdemeanor becomes eligible after seven years without a new conviction, and a felony of the third degree or lower in specific categories (theft, forgery, criminal mischief, criminal trespass) after ten. Higher-degree felonies are excluded, restitution and a fee are required, and the prosecutor can object within 30 days.
Eligibility has limits beyond time. For most routes, offenses against the person, offenses against the family, firearms offenses, offenses requiring sex-offender registration, and corruption of minors are excluded (18 Pa.C.S. §§ 9122.1, 9122.3), and a history of other convictions can disqualify someone.
The effect of each order differs. Limited access requires State Police and courts to withhold the record from most requesters (18 Pa.C.S. § 9121) without erasing it, so criminal justice agencies and a few others (child-welfare agencies, custody and protection-from-abuse cases, federally required employment checks) can still see it. Expungement removes the record, though the prosecutor and State Police still keep a list of names after an expungement (including one following a diversion or probation program), used only for later program eligibility, criminal investigations, and grading later offenses (§ 9122(c)).
A Note on Scranton and the Local Courts
The rules on this page are statewide, but the practical details are local. For a Scranton case that means Lackawanna County, the Court of Common Pleas of Lackawanna County, and the county seat of Scranton. Asking a local attorney how long cases usually take there helps put the 365-day rule in context.
Injury claims follow different Pennsylvania rules, covered on our Scranton personal injury page.
Other Pennsylvania cities nearby: our Bloomsburg page.
Frequently Asked Questions
How much time does the Commonwealth have to file criminal charges?
For most offenses, two years (42 Pa.C.S. § 5552(a)). Longer periods apply to listed offenses: five years for offenses such as aggravated assault, robbery, and theft, and twelve for rape and related crimes. A few offenses, including murder, have no limit (§ 5551).
Does Rule 600 mean my case is dismissed after 365 days?
Not automatically. Rule 600 sets 365 days from the complaint, but only delay caused by the Commonwealth’s failure to use due diligence counts. Other delay, such as defense continuances, is excluded. Dismissal, with prejudice, requires a written motion and a hearing (Pa.R.Crim.P. 600).
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.
What happens if I am charged with a summary offense?
It usually starts and finishes before a magisterial district judge, who has jurisdiction over summary offenses (42 Pa.C.S. § 1515). The penalty ceiling is 90 days and a $300 fine unless another statute provides otherwise (18 Pa.C.S. §§ 1105, 1101).
Where will my criminal case be heard in Scranton?
It typically begins in a magisterial district in Lackawanna 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 Lackawanna County.
What is the 180-day rule for pretrial detention?
Rule 600(B) says no one may be held in pretrial incarceration more than 180 days from the complaint. Only delay caused by the defense is excluded, and the remedy is a motion for release on nominal bail, unless you are not entitled to bail.
Can I be charged with DUI for drugs in Pennsylvania?
Yes. Any amount of a Schedule I controlled substance, or of a Schedule II or III substance that was not medically prescribed, or a metabolite of either, in the blood can support a charge under 75 Pa.C.S. § 3802(d)(1).
What is ARD in Pennsylvania and does it clear my record?
ARD is a diversion program. When a judge dismisses the charges after successful completion, the judge also orders the arrest record expunged, unless the Commonwealth files an objection within 30 days after the dismissal motion is served (Pa.R.Crim.P. 320). For a DUI, however, driving under the influence within 10 years after completing ARD is a separate offense (75 Pa.C.S. § 3802(h)(1)).
Can a misdemeanor be expunged in Pennsylvania?
Usually through limited access, not expungement. A second- or third-degree misdemeanor can qualify for automatic Clean Slate limited access after seven years without a conviction for an offense punishable by a year or more (18 Pa.C.S. § 9122.2), and a qualifying misdemeanor can be petitioned for after seven years (§ 9122.1).
Is a limited access record the same as an expunged record?
No. Expungement removes the record, while limited access hides it from most requesters but leaves it in place and visible to criminal justice agencies (18 Pa.C.S. §§ 9121, 9122). After some expungements, a list of names is still kept under § 9122(c).
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