Summary Offenses and Expungements

I was accused of simple assault and disorderly conduct. The simple assault was a misdemeanor and the disorderly conduct was a summary. I went to trial with a judge. I was found guilty of the summary and not guilty of the misdemeanor. I understand that I have to wait five years until I can get a summary expungement, but can I get the misdemeanor expunged now?

Yes. In some counties its called an expungement; in other counties its called a redaction. Also, in some counties the district attorneys fight vigorously against it and in other counties, they have no problem with it at all. In some counties the district attorney only fights it when the person is still under supervision for the other charges.

We do many of these every year and we treat them like any other expungement. They are important when you are originally charged with very serious felonies, but later only convicted of misdemeanors or summaries. You don't want an employer or a school to see felonies when you were never convicted of any felonies.

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Summary Offenses and Jury Trials

I have been accused of a summary offense and I want a jury trial. Do citizens have rights to jury trials in summary offenses?

You are only entitled to a jury trial if you are looking at more than one hundred eighty days in jail. The statutory maximum on a summary offense is ninety days. Therefore, you are not entitled to a jury trial if you are charged with one or two summaries only. However, if you are charged with three or more summary offense you are entitled to a jury trial.

However, we have seen some judges say that because none of the charges carry more than ninety days, you have no right to a jury trial at all. This issue has not been decided by the Pennsylvania Superior or Supreme Courts, so there is no case law that gives us an answer. We think the practice is unconstitutional and something to appeal if it comes up.

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