A summary offense is the lowest level of criminal offense in Pennsylvania, below a misdemeanor. It appears on court paperwork and dockets as grade “S”. Common examples include disorderly conduct, public intoxication, and most traffic tickets, such as speeding.
Although the penalties for summary offenses are typically less imposing than those for felonies and misdemeanors, it’s important that you don’t take a summary offense charge lightly. A conviction can still impact many areas of your life, giving you a criminal record that can affect employment and education prospects.
If you or a loved one is facing summary offense charges right now, we urge you to contact our team at Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC. Our criminal lawyers have helped many clients in the Pittsburgh area deal with their summary offense charges. Top-rated by the American Society of Legal Advocates, we have the skills needed to help you with your summary offense.
Call us today at (412) 281-2146 or fill out our online contact form to request a free case evaluation.
What Is a Summary Offense in Pennsylvania?
Other than murder, which has its own classification in Pennsylvania, there are three main categories of criminal offenses in the Commonwealth. They include: felonies, misdemeanors and summary offenses. Summary offenses in Pennsylvania can be divided into three sections:
- Summary traffic offenses
- Non-traffic summary offenses
- Summary offenses under the PA Game and Wildlife Code
Although summary charges do not rise to the level of misdemeanors and felonies in terms of penalties imposed, they should still be taken seriously. The reason: a non-traffic summary offense can appear on a criminal background check, which can adversely affect your life for some time after you have served any jail time or paid a fine for the offense. Summary traffic offenses will become a part of your driving record.
Typical Summary Offenses in Pennsylvania
A range of activities may be classified as a summary offense in PA. They include:
- Underage drinking
- Disorderly conduct
- Public urination
- Public drunkenness / intoxication
- Traffic offenses
- Service theft (less than $50)
- Retail theft (first offense, less than $150 value)
- Illegal use of shopping carts
- Ticket scalping
- Harassment
- Opening fire hydrants
- Not adhering to dog laws
- Criminal mischief
- Obstructing a highway
- Defiant trespassing
- Retention of library property after notice to return
Receiving a Summary Offense Charge
You may receive a summary offense citation in person by a police officer or by mail. In both cases, the citation informs you that you have been charged with a crime.
If the offense involves a public incident, such as public drunkenness or disorderly conduct, the accused offender will be taken to a local jail to await a hearing, which may take place the same day or be scheduled for a later date.
A failure to respond to a summary offense citation in Pennsylvania will cause a warrant to be issued by a judge for your arrest.
What Does Grade S Mean on a Pennsylvania Docket?
Every count on a Pennsylvania docket sheet, criminal complaint, or citation carries a grade, a short code for the class of the offense. The grades you are most likely to see are:
- S: summary offense, the lowest grade
- M3, M2, M1: misdemeanors of the third, second, and first degree, with M1 the most serious
- F3, F2, F1: felonies of the third, second, and first degree, with F1 the most serious
Grade S means summary offense. If your paperwork shows an S next to the charge, you are facing the least serious class of offense in Pennsylvania, and the case will usually stay in front of a magisterial district judge.
Summary Offense vs. Misdemeanor in Pennsylvania
Where the case is heard. A summary offense is decided by a magisterial district judge, or by Pittsburgh Municipal Court if the offense happened inside the city. There is no jury. A misdemeanor starts with a preliminary hearing before a magisterial district judge, but the case itself is heard in the Allegheny County Court of Common Pleas and prosecuted by the Allegheny County District Attorney.
Penalties. A non-traffic summary offense carries a maximum of 90 days in jail and a $300 fine. A misdemeanor can carry years in jail depending on the grade, along with larger fines.
Record consequences. A non-traffic summary conviction and a misdemeanor conviction both go on your criminal record and can appear on a background check. The difference is how hard each one is to clear. A summary conviction can be expunged after five arrest-free years. A misdemeanor conviction is much harder to remove and may only qualify for sealing after a longer wait.
Summary Offense Penalties in Pittsburgh, PA
The penalties imposed by Pennsylvania for summary offenses are nothing to take lightly.
Conviction of a non-traffic summary offense carries a maximum penalty of 90 days incarceration and a $300 fine. You may also have to pay restitution if your crime involved theft or damage to someone’s property. If you are an underage drinking offender, you may also incur traffic citations or the suspension of your license. If you incur multiple summary offenses, the penalties are added together. For instance, a conviction of two summary offenses may land you in jail for a maximum of six months.
The Pennsylvania Game and Wildlife Code imposes penalties on those found guilty of violating laws restricting the trapping and killing of certain wildlife. There are eight divisions of offenses under this Code. The fines imposed by the Game Wildlife Code are generally higher than those imposed by the PA crimes code. For instance, a fine of $1,000 to $1,500 is imposed for a First Degree Summary Offense. A Second Degree Summary Offense carries a fine of $400 to $800.
Because fines can be added together if you’re convicted of multiple summary offenses in Pennsylvania, the financial burden can be great. It would benefit you to work with a criminal defense lawyer who can help you avoid conviction or decrease your penalties for these charges.
Additional Consequences of Conviction or Pleading Guilty to Summary Offenses
Even though summary offenses in Pennsylvania are considered to be lower rung crimes than something like a DUI misdemeanor, the consequences of pleading guilty can be significant to your future. If you plead guilty to a summary offense charge or receive a conviction, the conviction can be made public and become easily accessible to any person or entity running a background check. The conviction on your record can hinder you from gaining access to lenders, obtaining rental housing, retaining your professional license(s), receiving admission to college, accessing employment opportunities, and gaining clearance to government or military facilities.
Hunters convicted of a summary offense under the Game and Wildlife Code may have their hunting privileges suspended for a lengthy period of time.
Expungement of Summary Offense Criminal Record
A summary conviction does not have to be permanent. Pennsylvania offers three main routes to clearing it: expungement after five arrest-free years, expungement based on age, and automatic sealing under the Clean Slate law.
The five-year arrest-free rule. Five years after a summary offense conviction, you can petition the court to have the charge and the conviction expunged. To qualify, you must have been free of arrest or prosecution for those five years. A later arrest, even one that did not end in a conviction, can affect the petition, so confirm eligibility with a lawyer before you file.
The age-based rule. Pennsylvania also allows expungement once a person reaches the age set by statute and has been free of arrest or prosecution for the period the statute requires. This rule is not limited to summary offenses. Confirm eligibility with a lawyer, since both the age and the waiting period must be met.
Clean Slate automatic sealing. Under Pennsylvania’s Clean Slate law, the courts automatically seal certain records, including summary convictions, once the waiting period set by statute has passed without a new conviction. You do not file anything. A sealed record still exists and courts and police can see it, but it is hidden from the public and from most employers who run background checks. Confirm eligibility with a lawyer and check whether your record has actually been sealed.
If you are not sure which rule applies, call (412) 281-2146. We can review your record, tell you where you stand, and file the petition if you qualify.
Frequently Asked Questions About Summary Offenses in Pennsylvania
What is a grade S charge in PA?
A grade S charge is a summary offense, the lowest level of criminal offense in Pennsylvania. The S is the grade code courts use on dockets and citations, below the misdemeanor grades (M3, M2, M1) and the felony grades (F3, F2, F1). Disorderly conduct, public intoxication, and most traffic tickets are grade S charges.
Does a summary offense go on your criminal record?
Yes. A non-traffic summary offense conviction becomes part of your criminal record and can show up on a background check for a job, an apartment, or a professional license. Summary traffic offenses go on your driving record.
Do I need a lawyer for a summary offense?
You are not required to have one, but it is a good idea. A summary conviction can mean up to 90 days in jail and a $300 fine, plus a record that follows you into job and rental applications. An attorney can challenge the citation, negotiate with the officer or prosecutor, and work toward keeping the conviction off your record.
Can a summary offense be expunged in Pennsylvania?
Yes. In most cases you can petition for expungement five years after the conviction, as long as you have not been arrested or prosecuted during that time. Age-based expungement and automatic sealing under Clean Slate may also apply. Confirm eligibility with a lawyer before you file.
What happens if I ignore a summary citation?
If you do not respond to a summary citation by the deadline printed on it, a judge can issue a warrant for your arrest, and an ignored traffic citation can also cost you your driver’s license. Responding on time, even to plead not guilty, keeps the case in front of the magisterial district judge, where it can be defended. If you have already missed the deadline, call us so we can address the warrant.
Contact a Pittsburgh Summary Offense Attorney at Worgul, Sarna & Ness Today
Have you been charged with a summary offense in the Commonwealth of PA? Don’t let the matter sit. Get the legal support you need. Depending on the circumstances, the result may be a reduction or even elimination of your charge.
Call Worgul, Sarna & Ness today at (412) 281-2146 or send us a message to set up a free consultation to discuss your case.
