Pennsylvania Arrest Records

An arrest happens when a person is apprehended or taken into the custody of a law enforcement agency based on a suspicion of crime. It is typically made to file charges against the individual or follow a filed charge. As part of the necessary procedures to process a person's detention, specific details about the arrest will be documented and compiled into what is called an arrest record or report.

In Pennsylvania, an arrest record will typically include the circumstances leading to the arrest and the suspect's details, such as their:

• Name
• Ethnicity/race
• Gender
• Age
• Mugshot
• Height, weight, and other physical descriptions
• Alleged offense or charges
• Arrest date
• Arresting agency

Pennsylvania arrest records are useful in several scenarios. For example, employers often access arrest records as part of a background check before employing a prospective applicant. The records also provide valuable information to facilitate criminal proceedings.

Generally, the police department or agency that apprehended the suspect is responsible for maintaining records of the arrest. Some other government offices, such as the State Police, also keep records of arrests within the state's borders.

Are Arrest Records Public in Pennsylvania?

Yes. Arrest records are public information in Pennsylvania under the state's Right to Know Law. Under the RIKL, any member of the public can view and copy reports of arrests in Pennsylvania.

However, it is essential to note that the right to access arrest records is not absolute, as the law limits their disclosure under certain circumstances. For instance, an arrest record is not available for public viewing if expunged after the arrestee meets the necessary expungement requirements. Again, per the Criminal History Record Information Act (CHRIA), law enforcement records pertaining to a child are not open for public inspection. Such juvenile records can only be accessed by a few authorized personnel and the court overseeing the criminal proceedings.

Parties can learn more about Pennsylvania's Right to Know Law by reading through the Right to Know Law (RTKL) Citizens' Guide provided by the Office of Open Records (OOR).

How Do I Look Up Arrest Records in Pennsylvania?

Interested individuals may access Pennsylvania arrest records by querying the arresting agency in person. For example, the City of Lancaster Bureau of Police allows civilians to conduct record reviews at their records department during official hours. Depending on the law enforcement agency and its internal procedures, parties may also submit a mail or email request to the local police department responsible for the arrest.

Furthermore, the Pennsylvania State Police maintains a central repository where specific data, including arrest information from criminal justice agencies, are stored. Individuals wishing to search statewide arrest records can access the central repository through the state's PATCH (Pennsylvania Access to Criminal History) system.

PATCH is a web-based computer application that allows requesters to initiate a request for a subject of interest's criminal history—which includes arrest details—online or via mail. To conduct an online PATCH search, parties should navigate to the ePATCH website, select Submit a New Record Search, and follow the prompts. For mail requests, one will need to fill out and submit a request form, along with a certified check or money order payable to the Commonwealth of Pennsylvania, to this address:

Pennsylvania State Police Central Repository - RCPU

1800 Elmerton Avenue

Harrisburg, PA 17110-9758

Each PATCH request costs $22, with additional fees for user errors and an extra $5 for notarized copies. There is a separate process for parties who wish to access their criminal history for $20. Individuals can visit the Pennsylvania State Police's Request a Background Check web page for information on how to initiate a request.

Apart from the Pennsylvania State Police's central repository, criminal agencies must also submit arrestee fingerprints to the Federal Bureau of Investigation (FBI). The FBI then checks these fingerprints against their database for identification purposes and to update their records of the offender's connections with various law enforcement agencies nationwide. As such, individuals can look up their arrest records in Pennsylvania by requesting the FBI's arrest records. The FBI only releases copies of arrest records to the subject of the record, and this service costs $18.

Free Arrest Record Search in Pennsylvania

Besides the local law enforcement agencies that made an arrest, individuals can obtain arrest records from the sheriff's office in the county where a suspect was arrested. Inquirers should be aware that arrest records from local police stations are typically limited to offenses committed within their jurisdictions.

Many county sheriff official websites contain information on how interested parties may access such reports. Some counties, like Bucks County, may direct searchers to third-party aggregate websites that grant them access to arrest reports for free.

How Long Do Arrests Stay on Your Record in Pennsylvania?

Generally, information about a person's arrest will remain on their criminal record and be accessible to the public until expunged or sealed. Note, however, that Section 15.59 of the Pennsylvania Code provides for the retention of police records. According to the statute, criminal history or investigatory case files, including arrest and detention records, have various retention periods depending on their categories.

For example, while homicides should be retained for 75 years, records of summary cases are to be kept for five years after the investigation closes. Meanwhile, other arrest records of other cases are retained 20 years after the conclusion of the investigation.

How to Seal Arrest Records in Pennsylvania

There are three methods by which a person can apply to have their arrest records closed to the public in Pennsylvania: expungement, sealing, or pardon.

When an arrest record is expunged, information about the arrest is destroyed and erased from government databases. In other words, the person will have a clean slate as it relates to that arrest, and it will be as though the arrest never happened. Meanwhile, when a person's arrest report is sealed, it remains in their criminal record. However, it will be hidden from public view and only accessible to limited parties, including government and licensing agencies.

In Pennsylvania, a person qualifies for an expungement in different instances, including when they have been deceased for three years or:

• They are aged 70 or older and have maintained a clean record for 10 years after their release from prison or post-supervision.
• Their charges did not end in a conviction or involve a disposition after 18 months with no pending criminal proceedings.
• The offenses (excluding sex crime charges) were resolved via an Accelerated Rehabilitative Disposition (ARD) program.
• They were charged with an underage drinking offense when they were at least 18 years old, are at least 21 years old, and have completed all court-ordered requirements.
• They were charged with a summary offense and have been arrest-free for at least five years from the date of conviction.

On the other hand, individuals can apply to have their arrest records sealed if:

• The offense is an ungraded, 2nd, or 3rd-degree misdemeanor
• They have not been arrested or convicted for a crime for at least 10 years
• They have not had up to four misdemeanor convictions
• They have fulfilled their conviction and sentencing requirements

It is important to note that per the state's Clean Slate Law, a court may automatically seal some records every month, even when the offender did not apply for it.

Individuals can find the procedure for expunging Pennsylvania arrest and criminal records on the State Police's Criminal Expungement Process page. The process of sealing an arrest record is similar to the expungement procedure.