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Your West Hazleton Criminal Defense Attorney
Few things are as stressful as waiting to learn what a criminal charge will mean. The steadying part is that Pennsylvania law is specific about how charges are graded, how long the Commonwealth has to bring them, and how a record can later be cleared. 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. Talking with an attorney who knows Luzerne County practice can turn these general rules into a plan for your case.
Deadlines, Trial Timing, and Records: The Short Version
- Time limit to bring most charges: 2 years, under the general rule in 42 Pa.C.S. § 5552(a). Listed offenses get longer periods, and a few have no limit at all.
- How long until trial? Rule 600 says 365 days from the complaint, adjusted for excluded delay, so a case can lawfully run longer than a year.
- If you are in custody, the limit is 180 days from the complaint (Rule 600(B)). After that a motion for release on nominal bail is available, except where bail is not allowed.
- 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).
The Grading System Behind Your Charge
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.
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).
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.
The Statute of Limitations on a Pennsylvania Criminal Charge
Two years is the baseline. Under 42 Pa.C.S. § 5552(a), a prosecution must begin within two years after the offense unless the subchapter provides otherwise, and offenses that are not on the longer lists, including simple assault and DUI, are held to it.
Longer periods apply to listed offenses. Five years covers aggravated assault, terroristic threats, arson, burglary, robbery, theft offenses, forgery, and offenses punishable under section 13(f) of the Controlled Substance Act, among others (§ 5552(b)). Twelve years covers rape, sexual assault, incest, and similar offenses (§ 5552(b.1)). Murder and voluntary manslaughter have no limit at all (§ 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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Rule 600 and Speedy Trial in West Hazleton: The Honest Answer
Rule 600 requires a court case to go to trial within 365 days after the complaint is filed. Enforcing it takes a motion by the defense and a hearing, and a dismissal under the rule is with prejudice. 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.
In practice the fight is over the adjusted date. The judge is required to record who requested each continuance and whether the time is included or excluded (Rule 600(C)(3)), and the Commonwealth carries the burden of showing due diligence before it can rely on excluded time. 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. Philadelphia Municipal Court cases run on a different 180-day clock under Rule 1013, but that court sits only in Philadelphia.
From the Magisterial District Judge to Common Pleas
Most Pennsylvania criminal cases begin before a magisterial district judge, who handles summary offenses, arraignments, and bail, and sits as the committing magistrate at preliminary hearings (42 Pa.C.S. § 1515). Charges that continue past that stage are tried in the Court of Common Pleas.
In Luzerne County the Court of Common Pleas is the Eleventh Judicial District (42 Pa.C.S. §§ 901, 951). It is the court that would try a serious charge from West Hazleton, and Wilkes-Barre is the county seat. Where an offense is alleged to have occurred decides the magisterial district that hears the case (Pa.R.Crim.P. 130).
What These Charges Mean in Pennsylvania
How does Pennsylvania treat a first DUI charge?
A DUI charge is graded by tier and by prior offenses. Driving with a level of 0.08 to under 0.10, or while unable to drive safely, is general impairment; 0.10 to under 0.16 is high rate; 0.16 or more is highest rate (75 Pa.C.S. § 3802). A first general-impairment offense carries at least six months of probation and a $300 fine, a first high-rate offense at least 48 hours in jail and $500 to $5,000, and a first highest-rate offense at least 72 hours and $1,000 to $5,000 (§ 3804).
Accelerated Rehabilitative Disposition (ARD) is a diversion program that can end in dismissal and expungement of the arrest record (Pa.R.Crim.P. 320), but for a DUI it is not risk-free: since December 22, 2025, driving under the influence within 10 years after completing ARD for a DUI is a separate offense under 75 Pa.C.S. § 3802(h)(1), graded under § 3803(c).
What are the penalties for possession of a controlled substance?
Possession of a controlled substance under 35 P.S. § 780-113(a)(16) is a misdemeanor with a maximum of one year and a $5,000 fine, or three years and $25,000 after a prior conviction. Possession of a small amount of marijuana, 30 grams or 8 grams of hashish, carries a maximum of 30 days and $500. Charges of delivery or possession with intent to deliver are felonies with much higher ceilings.
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.
The time limit differs by charge. Aggravated assault is on the five-year list in 42 Pa.C.S. § 5552(b), while simple assault falls under the two-year default, and certain aggravated assaults on a law-enforcement officer acting in the line of duty, where the accused knew the victim was an officer, have no limitation period at all (§ 5551).
When does theft become a felony in Pennsylvania?
Value drives the grade. Theft of more than $2,000, or of a motor vehicle, is a third-degree felony, and a second-degree felony if $100,000 to under $500,000 (a first-degree felony at $500,000 or more), while theft below $2,000 is generally a first-degree misdemeanor, or second- or third-degree if under $200 or $50 and not taken from a person (18 Pa.C.S. § 3903). Retail theft follows a separate scale (§ 3929).
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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Clearing a Record After a Charge in Pennsylvania
Three routes exist for clearing a Pennsylvania record, and which one fits depends on how the case ended and how long ago. They are expungement, automatic Clean Slate limited access, and limited access by petition, and they are not interchangeable.
True expungement under 18 Pa.C.S. § 9122 is the narrowest tool. It applies to non-conviction outcomes, to an acquittal on all charges (automatic), and to a dismissed case after successful Accelerated Rehabilitative Disposition (Pa.R.Crim.P. 320). Convictions qualify only if they are summary offenses with five arrest-free years, or the person is 70 and has been free of arrest for ten years after release from confinement or supervision.
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.
Petition-based limited access (18 Pa.C.S. § 9122.1) asks a court to limit access to a qualifying misdemeanor after seven years without a new conviction, or to a listed lower-level felony after ten. The felony list is specific (including theft, forgery, criminal mischief, and criminal trespass), first- and second-degree felonies are excluded, restitution and the fee must be paid, and the district attorney may object.
Not every offense qualifies. Offenses against the person, offenses against the family, firearms offenses, offenses that require sex-offender registration, and corruption of minors are excluded from most of these routes (18 Pa.C.S. §§ 9122.1, 9122.3), and a person with certain other convictions may be excluded as well.
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)).
What to Know About Cases in West Hazleton
A charge from West Hazleton belongs to Luzerne County and its Court of Common Pleas. Local practice, such as how quickly cases are listed and how continuances are handled, shapes how the general rules on this page play out, and a local attorney can tell you what that looks like in Wilkes-Barre and in the magisterial district that hears your case.
Hurt because of someone else’s carelessness? Read about personal injury claims in West Hazleton.
Nearby cities we also cover: our coverage in Wilkes-Barre.
Frequently Asked Questions
Is there a statute of limitations on criminal charges in Pennsylvania?
Yes. The general limit is two years (42 Pa.C.S. § 5552(a)), with five years for a list of serious offenses and twelve years for major sexual offenses. Murder, voluntary manslaughter, and a few other offenses can be prosecuted at any time (§ 5551). The period stops running once a prosecution is commenced.
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 serious is a misdemeanor in Pennsylvania?
Even a misdemeanor can matter: a first-degree misdemeanor carries up to 5 years and $10,000, a second-degree up to 2 years and $5,000, and a third-degree up to 1 year and $2,500 (18 Pa.C.S. §§ 1101, 1104).
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).
Do I have to go to court in West Hazleton for a criminal charge?
Yes, in the magisterial district where the offense is alleged to have occurred (Pa.R.Crim.P. 130), and, if the case goes forward, in the Court of Common Pleas of Luzerne County. An attorney can tell you which appearances are required.
What if I am in custody and my trial keeps getting postponed?
The 180-day custody limit in Rule 600(B) counts delay caused by the Commonwealth and the court but not delay caused by the defense. If it is exceeded, a defense motion for nominal bail is the remedy, unless bail is not allowed.
Does a first DUI in Pennsylvania mean jail time?
It depends on the tier. General impairment (unable to drive safely, or 0.08 to under 0.10) brings at least six months of probation and a $300 fine for a first offense, while high rate (0.10 to under 0.16) means at least 48 hours in jail and highest rate (0.16 and above) at least 72 hours (75 Pa.C.S. § 3804).
Will ARD for a DUI count against me later?
It can. Since December 22, 2025, driving under the influence within 10 years after completing ARD for a DUI is a separate offense under 75 Pa.C.S. § 3802(h)(1), graded under § 3803(c).
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).
Does limited access hide my record from employers?
From most of them, yes. The State Police and the courts must withhold a limited-access record from most background checks (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.
Talk to an Attorney About Your West Hazleton Case
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