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Summary offenses · 18 Pa.C.S. § 9122(b)(3)

Expunging summary offenses in Pennsylvania

Summary offenses are Pennsylvania’s lowest level of crime: citations for things like disorderly conduct, harassment, underage drinking and a first retail theft under $150. They still create a criminal record, and they can be fully expunged after five years.

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Reviewed October 2026 by John M. Hart, III, Esq., Hart Law

The five-year rule

Under 18 Pa.C.S. § 9122(b)(3), you can petition to expunge a summary conviction once you’ve been free of arrest or prosecution for five years after that conviction. The rule applies only to summary offenses; misdemeanor and felony convictions are handled through limited access, not expungement.

Common summary offenses we expunge

  • Disorderly conduct and public drunkenness
  • Harassment (summary grade)
  • Underage drinking and possession of alcohol
  • Retail theft, first offense, under $150
  • Criminal mischief and trespass graded as summaries
  • Nontraffic citations from district courts

Expungement versus automatic sealing

Since Clean Slate 3.0, many summary convictions are sealed automatically five years after conviction, provided any restitution is paid. Sealing hides the record from the public and most employers. Expungement goes further: it removes the record entirely, so it no longer exists for police, courts or licensing agencies either. If you’re applying for a professional license, a government job, or anything with a deep background check, expungement is the stronger result.

Traffic citations

Vehicle Code tickets are reported to PennDOT and are treated differently from criminal summary offenses. If a traffic stop also led to a criminal summary charge, such as disorderly conduct, that charge can be expunged like any other summary offense. Ask us about anything on a traffic docket.

Common questions

What counts as an arrest during the five years?

Any arrest or prosecution during that period resets the clock, so we check every docket in that window before we file.

Can I expunge several summary offenses at once?

Yes, if each one qualifies. Each docket is listed in the petition, and our additional-docket fee applies to each extra case.

Was my case a summary offense?

Check the grade on the docket. Summary offenses are marked “S.” We can pull your dockets and tell you.

Official sources