COMMONWEALTH OF PENNSYLVANIA. GENERAL UNDERSTANDING OF CRIMINAL RECORDS by Richard W. Carpenter

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1 COMMONWEALTH OF PENNSYLVANIA GENERAL UNDERSTANDING OF CRIMINAL RECORDS by Richard W. Carpenter

2 PUBLIC RECORD ISSUE As a matter of law, Section 9125 of the Criminal History Record Information Act provides that criminal conviction records are a matter of public record. However, public access to these records may vary at the Magisterial District Judge level, as interpretations of the law tend to differ from one office to another. County Clerk of Courts and PA State Police (PSP) repositories will grant access to adult conviction records for a fee. Many Clerk of Court offices are on line and abstracted information is available; copies of the actual documents can be retrieved in person or by mail for a small copy-cost fee. Records at the PSP repository are available on line or can be requested through the mail. Only an abstracted Criminal History Report is provided; however, copies of file documents are available from the County Clerk of Courts Office where the matter was adjudicated. The law provides that before a State or local law enforcement agency disseminates criminal history record information to an individual or noncriminal justice agency, it shall extract from the record all notations of arrests, indictments or other information relating to the initiation of criminal proceedings where: 1) Three years have lapsed from the date of arrest; 2) No conviction has occurred; and 3) No proceedings are pending seeking a conviction. INFORMATION USAGE Section 9125 of the Criminal History Record Information Act governs how Record of Arrest and Prosecution (RAP) sheet information may be used by non-criminal justice agencies. It is as follows: Use for employment a) General Rule Whenever an employer is in receipt of information which is part of an employment applicant s criminal history file, it may use that information for the purpose of deciding whether or not to hire the applicant, only in accordance with this section. b) Use of Information-Felony and misdemeanor conviction may be considered by the employer to the extent to which they relate to the applicant s suitability for employment in the position for which he/she has applied. c) Notice The employer shall notify the applicant in writing if the decision io not to hire him/her is based in whole or in part on criminal history record information. o Copyright 2008, INA, All Rights Reserved Page 1

3 POWERS OF ARREST The following law enforcement agencies have powers of arrest for criminal violations of Pennsylvania Statutes, Crimes and Offenses (Title 18): Local Police Agencies County Police Agencies PA State Police (PSP) Capital Police District Attorney s Office (DA) Attorney General s Office (AG) * College/University Campus Police Departments * * PA Game Wardens * * Liquor Control Board * * Sheriff s Department * * Constables * Jurisdiction is limited to campus properties only. * * Have very limited powers of arrest and only in specific matters. Only the Pennsylvania State Police has criminal jurisdiction in the entire state. Police Departments in cities, towns, boroughs, etc. generally have jurisdiction within their boundaries; however, they may invite or hire the PSP or AG to handle certain matters for which they do not have the competency, sufficient manpower, or for which there may be a conflict of interest. The State Attorney General s Office has jurisdiction over crimes committed against the Commonwealth, crimes involving multiple jurisdictions, or certain matters where the local DA or enforcement authorities have a conflict of interest. CATEGORIES OF CRIMINAL OFFENSES Other than Murder (Murder of the first or second degree), which in and of itself is an offense, there are 3 classes of criminal offenses under the Commonwealth of Pennsylvania s Penal Code: SUMMARY OFFENSE is a non-traffic citation punishable by a fine or term of imprisonment up to 90 days. Typical offenses are Trespassing, Disorderly Con duct, Public Drunkenness, Underage drinking, Public Profanity, etc. MISDEMEANOR 1ST DEGREE - A crime punishable by a fine and/or a term of imprisonment not to exceed 5 years. Typical offenses include Stalking and Terroristic Threats. Page 2

4 2ND DEGREE A crime punishable by a fine and or imprisonment not to exceed 2 years. Typical offenses include Recklessly endangering another person and Simple Assault. 3RD DEGREE A crime punishable by a fine and/or term of imprisonment, the maximum of which is not more than 1 year. A crime declared to be a misdemeanor, without specification of degree, is of the 3rd Degree. Typical offenses are Ethnic Intimidation and Bad Checks. FELONY - 1ST DEGREE A Crime punishable by a fine and term of imprisonment, the maximum of which is more than 10 years. Typical offenses include Aggravated Assault and Kidnapping. 2ND DEGREE A Crime punishable by a fine and term of imprisonment, the maximum which is not more than 10 years. Typical offenses include Indecent Assault and Sexual Assault. 3RD DEGREE A Crime punishable by a fine and term of imprisonment, the maximum term of which is not more than 7 years. Typical offenses include Interference with Custody of Children and Institutional Sexual Assault. In a Commonwealth form of government, considerable power rests with local authorities, the lowest level of government. When law enforcement authorities arrest a person on a Felony or Misdemeanor charge, the subject is fingerprinted and then brought before the local Magisterial District Judge (there are 548 Magisterial District Judges in PA). In Philadelphia County all arrests including; Summary, Misdemeanor and Felony go through the Philadelphia Courts, First Judicial District of Pennsylvania. The fingerprints are forwarded to the PA State Police where they are matched with an existing file, or a new file is created. * Summary Offenses do not require that the subject be fingerprinted and therefore a record is not necessarily forwarded by the arresting agency to the PSP. (* A person arrested for a summary Retail Theft is fingerprinted because of the grading of Retail Theft). Upon being arrested by any local or state law enforcement agency, the subject is required to appear for a Preliminary Hearing in the local Magisterial District Judge s office where the alleged offense(s) was/were committed. There may be a substantial delay from when the individual is first arrested until the case is heard at the County level. Because of this delay it is important to check the records at the Magisterial District Judge level in addition to State records. MAGISTERIAL DISTRICT JUDGE REPOSITORY OF RECORDS A summary offense may be adjudicated in this office. The case file, criminal charge(s) and disposition are then maintained locally. If the defendant is found guilty, the decision may be appealed which results in the matter being bound over to the Page 3

5 County Court of Common Pleas. When this happens, all case file documents transfer there. Misdemeanor and Felony arrests must be bound over to the Court of Common Pleas (County Court) if the Magisterial District Judge determines that a Prima Facia case exists since a crime was probably committed and that the defendant probably committed it. The case file documents are then transferred and the only record maintained at the Magisterial District Judge office is identifying information on the defendant and the list of all charges. Certain Misdemeanor charges may e adjudicated in the DJ s office: 1) if the Defendant pleads guilty; 2) if the arresting officer and defendant enter a plea agreement reducing the charge(s) to a Summary offense(s); or 3) if the charge(s) are dismissed or withdrawn. These files remain in the DJ s office and are not transferred to the County Clerk of Court, the repository for county criminal records. Cases referred to the Court of Common Pleas are prosecuted by the County District Attorney s Office. Note: the only Defendants required to be fingerprinted for Summary Offenses are those involving Retail Theft. The second conviction for Retail Theft is a Misdemeanor; the third conviction is a Felony. COUNTY CLERK OF COURT S REPOSITORY The Clerk of Court s Office in each of PA s 67 counties is the central repository for criminal arrest and conviction records for violations adjudicated by that County s Court of Common Pleas. Felony and misdemeanor arrests and convictions (dispositions) and those Summary offenses forwarded from DJ offices are criminal histories housed in this repository. Records may be accessed in person and photocopied for a small fee or, in many instances, requested thru the mail, or by fax or , also for a small fee. Upon the court disposition of a defendant, the results are forwarded to the PSP for inclusion in the individual s Criminal History Report. PSP REPOSITORY OF RECORDS (Pennsylvania State Police) Pennsylvania Access to the Criminal History (PATCH) System. Its purpose is to better enable individuals and the public to obtain criminal history record checks. The repository was created and is maintained in accordance with Pennsylvania s Criminal History Information Act contained in Chapter 91 of Title 18, Crimes Code. This Act also directs The Pennsylvania State Police (PSP) to disseminate criminal history data to criminal jus- Page 4

6 tice agencies, non-criminal justice agencies and individuals on request. Criminal justice agencies can access all of an individual s criminal history record information (CHRI). Requests made by noncriminal justice agencies and individuals are subject to edit criteria contained in the law. The PSP repository for Criminal History Records is the most frequently accessed by non criminal justice agencies because it is the most comprehensive within the state. This repository contains arrest and conviction data from all local police departments, all state law enforcement agencies, Sheriffs Departments and Constables. PSP Repository Responses To Public Inquiries Once a Criminal History Record check has been requested, one of three responses will be returned: Pending indicates that the response from the Repository did not respond to the query quick enough; it is the requestor s responsibility to re-check the status at a later time. No Record based on the data submitted by the user, there is no criminal history information contained in the repository. Record Under Review means that the repository has to edit an existing record or to make inquiry concerning the individual and update the record for completeness. This does not mean there is a disseminable record. Many times there is no disposition to a case, and the PSP must query the responsible court for the case outcome. If there is an identifi able record, it will be edited for compliance with Section 9125 of the criminal History Record Information Act. This process may take from 2-6 weeks before the record is furnished to the requestor. Explanation of a PSP Criminal History Report (RAP Sheet) The RAP sheet contains information in abbreviated form. The following acronyms are in the order they appear on the RAP sheet: SID: State Identification Number. All Criminal History Records are based on fin gerprint cards submitted, which are the only positive means of identification. The PSP Records and Identification Division (R&I) assigns a SID to each unique fingerprint card, with all information from subsequent fingerprint cards for the same individual linked to the SID. A fingerprint card must be submitted to R & I for every arrest so that a criminal record is complete for an individual. This is also the number used to identify the Computerized Criminal History Record Page 5

7 Information (CCHRI) for an individual record in the State Police s computer files. III: Interstate Identification Index flag. This indicates whether a fingerprint card is on file in one or more states. An S in this field indicates a single state offender (PA only), M indicates a multiple state offender. The state(s) where the crime(s) occurred other than Pennsylvania will not be specified because this information is not available to non-criminal justice agencies and individuals. DOB: The Date of Birth recorded in CCHRI for the SID displayed. This DOB was recorded on a fingerprint card at the time of the arrest based on information provided by the individual being fingerprinted. There may be more than one DOB for a SID. Additional DOB s will appear in the ADDITIONAL IDENTIFIER sec tion. SEX & RACE: The sex and race are personal characteristics attributed to the individual identified by the SID displayed. SOC: The Social Security Number recorded in CCHRI for the SID displayed. This is not a unique identifier. The same SOC may be recorded on fingerprint cards of more than one individual. There may be more than one SOC for a SID. Additional SOC s will appear in the ADDITIONAL IDENTIFIER section. FBI: The unique Federal Bureau of Investigation number assigned to a fingerprint card in the federal criminal history file (III). NAME: The name processed on the first fingerprint card processed for the subject. Aliases are listed under AKA s. OTN: The Offense Tracking Number is a unique number assigned by the court to a particular arrest at the time of arraignment. ARRESTED: The date of arrest. The following items are the arresting agency s PSP code number and name: OCA: Originating Case Agency number assigned to an arrest by the responsible police department. DISPOSITION DATE: The date on which the final court action takes place. COMMON PLEAS DOCKET: The Common Pleas Docket number assigned to an arrest by the respective Court of Common Pleas. If the case did not go to Page 6

8 Common Pleas Court, the Magisterial District Judge and the Magisterial District Judge s case number will be displayed. The next items have no identifying abbreviations. a) The offense is a two character statute abbreviation (e.g. VC - Vehicle Code. CC - Crimes Code) immediately followed by a section number and sub-section. The sub-section may or may not be present. b) The literal interpretation of the offense code. c) The grade of crime immediately followed by the degree. At the end of the RAP sheet there is a definition of the grade of crime abbreviations. d) The disposition of the offense committed. e) Probation Information: The supervising county for the probation/parole sentence. f) OCA: Originating Case Agency number assigned to the probation/parole agency. g) Effective Date: The date a probation/parole sentence begins. h) Maximum Date: The date the sentence is completed. i) Custody Information: Custody Information will be displayed if a fingerprint card is received from a detaining agency. j) Received Date: The date the agency took custody of the subject of the RAP sheet. This is followed by the PSP code for the agency assuming custody and that agency s name. k) OTN: The Offense Tracking Number of the offense for which the subject was detained. l) Additional Identifiers: Additional information for the fingerprint card on file. This may include additional names, dates of birth, alien information, DNA information and/or social security numbers. m) AKA: Also Known As Names used as aliases. Delays in Record Availability There are a number of reasons, sometimes individually, sometimes collectively, which may result in considerable delay (a year or longer) before an arrest results in a court con- Page 7

9 viction. Any inquiries into the criminal history of such a subject might go undetected during a routine background check at the PSP repository. Some delay reasons are: 1) Delay of Preliminary Hearing at DJ s office for up to 6 months or more; 2) Warrant not served on defendant requiring their presence at a Preliminary Hearing; 3) Delay or failure to transmit records from DJ s office to County Court of Common Pleas; 4) Trial delay due to over-burdened court schedule; 5) Failure of County Court of Common Pleas to forward court disposition to PSP repository; and 6) Failure or delay of County Court of Common Pleas to respond to PSP inquiry for disposition of a case. COLLEGES/UNIVERSITIES RECORD REPOSITORIES There are several colleges and universities which maintain their own Police Departments or Security Departments. These police departments are duly authorized law enforcement agencies with full powers of arrest on campus properties. While officers are able to make felony and misdemeanor arrests, the majority of their cases are Summary Offenses such as: Disorderly Conduct, Harassment, Trespassing, Public Drunkeness, Profanity, Possession of Alcohol in an Open Container in a Public Area, etc. One of their primary responsibilities is to enforce traffic and parking regulations, and accordingly they issue numerous citations with monetary penalties. All arrests should be filed in the local Magisterial District Judge s office; however, some campus police departments reportedly do not always adhere to this requirement. Fines are issued as the penalty and case files remain with campus police department records. Some colleges and universities opt to maintain a Security Department instead of a police department. Their primary responsibilities are to direct campus traffic, crowd control at campus events, including sport activities, and to issue citations which carry a monetary fine. While there may be no legal authority to collect these fines, the institutions may hold up grades, graduation, release of transcripts, etc. In any event, there are incident investigative reports and arrest information in campus record repositories. LAW ENFORCEMENT RECORD REPOSITORIES Certain criminal record repositories are accessible only by duly authorized law enforcement agencies which must register for access to these networks. Access is not available to non-criminal justice agencies nor to individuals. CLEAN The Commonwealth Law Enforcement Network is the criminal history record system administered by the PSP which is available to criminal justice agencies. No criminal history information is edited and includes: arrests and no convictions, indictments, outstanding warrants, etc. Page 8

10 JNET The Justice Network in PA is statewide repository for multiple types of records, including: Penn DOT Vehicle & Driver s License information (photo availability); criminal arrests (with or without conviction) of anyone catalogued in PSP files; probation and parole status; outstanding warrants; etc. NCIC The National Crime Information Center is the FBI s repository of all law enforcement arrest and/or conviction records combined with fingerprint records from regulatory agencies originating in all 50 states and U.S. territories. FEDERAL ARRESTS & CONVICTIONS There are several Federal Law Enforcement agencies with powers of arrest for violations of Title 18, U.S. Code, including, but not limited to: the FBI, IRS, DEA, Secret Service, ATF, Postal Inspectors, etc. Upon arrest, the subject is arraigned before a U.S. Magistrate Judge and incarcerated or released on bond. The defendant pleads guilty or is tried in U.S. Court in either the Eastern, Middle or Western District of PA. The public records regarding the offenses committed, and the court disposition of the case are housed in federal repositories in the U.S. District Clerk of Courts office where the case was adjudicated. OFFICE OF OPEN RECORDS Governor Ed Rendell signed into law on February 14, 2008 Pennsylvania s new Open Records Law (Right to Know Law). The new Right to Know Law, which will affect requests made after Jan. 1, 2009 assumes that most government records are public. Under the new law, written requests may be submitted in person, by mail, , fax or any other electronic means as provided by the agency. Response to requests shall be made within five business days, which is half the time that the current law allows. An agency may respond to a request for information by notifying the person who is seeking the information that the document is available through publicly accessible electronic means. If the person who is seeking public records does not want to access the record electronically, he or she may submit a written request within 30 days of the agency s notification to have the record converted to paper. There are 30 exemptions in the new law that will still allow some records to be shielded from public disclosure, including: If the release of the records would likely result in physical harm or risk the personal security of an individual; If the release of the records would compromise the safety or security of a building, resource or public utility; Page 9

11 Certain personal or employment information; Notes or working papers of public officials and agency employees created for their own personal use; and Certain information related to criminal investigations. The information contained in this article is applicable only for the Commonwealth of Pennsylvania and is to be used only as a guide. Each state has its own guidelines for retrieval of criminal records. ABOUT THE AUTHOR Rick Carpenter is the Director of Special Operations for INA, an investigative, security and protective consulting company that provides a broad range of services to reduce risks, solve problems and gain results. INA specializes in corporate investigations, hostile terminations and computer forensics. He has more than 14 years of law enforcement experience and is a former Police Chief for a municipality in Lebanon County, Pennsylvania. He can be reached at rcarpenter@ina-inc.com or Page 9

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