How retail theft is graded
Pennsylvania grades retail theft by value and by how many prior retail theft offenses you have (18 Pa.C.S. § 3929):
- Summary offense: first offense, merchandise under $150
- Misdemeanor of the second degree: second offense, under $150
- Misdemeanor of the first degree: first or second offense, $150 or more
- Felony of the third degree: third or later offense, or over $1,000, or a firearm or motor vehicle
What can be done for each grade
- Summary retail theft can be expunged once you’ve been free of arrest or prosecution for five years after the conviction. Clean Slate may also seal it automatically after five years.
- M2 retail theft can be sealed automatically under Clean Slate after seven years, or by petition.
- M1 retail theft isn’t covered by automatic Clean Slate, but it can be sealed by limited access petition after seven years.
- F3 retail theft can be sealed by petition after ten years, because retail theft is a Chapter 39 theft offense.
- Retail theft that was withdrawn, dismissed, or resolved through ARD can be fully expunged.
Why it matters
Retail theft is a “crimen falsi” offense, a crime of dishonesty, which makes it especially damaging on background checks for jobs that involve cash, inventory, finance or professional licensing. Sealing or expunging it is often the single biggest improvement someone can make to their record.
Common questions
I had two retail thefts. Can either be cleared?
Possibly both. Each docket is analyzed separately, though prior convictions can affect waiting periods and eligibility.
Restitution was ordered to the store. Does that matter?
Yes. Court-ordered restitution must be paid before a conviction can be sealed.