What is a summary offense in Pennsylvania, and does it go on my record?

Last updated October 4, 2026.

A summary offense is the lowest grade of crime in Pennsylvania, below a misdemeanor, with a maximum of 90 days in jail and usually a fine of up to $300 (18 Pa.C.S. 1105 and 1101(7)). It is still a criminal conviction, so it can appear on a background check. It can later be sealed automatically five years after the conviction, or expunged by petition after five years free of arrest or prosecution (18 Pa.C.S. 9122.2(a)(3) and 9122(b)(3)).

Most summary cases start with a citation in the mail or from an officer, and the first deadline comes quickly: you have ten days to respond. For an overview of our criminal practice, see our criminal defense page.

What makes an offense a summary offense?

An offense is a summary offense if a statute designates it that way or if its maximum jail term is not more than 90 days (18 Pa.C.S. 106(c)). Common examples include disorderly conduct in its basic form, public drunkenness, a first retail theft of less than $150 and many traffic violations. Some statutes set a higher fine than the general $300 limit, which 1101(9) allows.

The full ladder, up to first-degree felonies, is on our Pennsylvania criminal penalties chart.

What do I have to do after getting a citation?

Within ten days after a citation is issued, you must tell the issuing authority, by mail or in person, whether you plead guilty or not guilty (Pa.R.Crim.P. 407). In Delaware County the issuing authority is one of the county's 26 magisterial district courts; the court number and address are printed in boxes 1 and 2 on the front of a traffic citation, according to the county, and our page on Delaware County's district courts lists each one.

Paying a citation is not a neutral step. A guilty plea by mail closes the case with a conviction. A district judge cannot accept a guilty plea by mail when the offense carries a mandatory jail term (Rule 409(B)(3)). Delaware County's district court page adds that a person who pleads guilty but cannot afford the full amount must go to the district court in person to ask for a payment plan.

What happens at a summary trial?

The trial is held before the magisterial district judge and conducted like a criminal trial without a jury (Rule 454(b)). Before it starts, the judge must tell you the charges and, if there is a reasonable likelihood of jail or probation, advise you of the right to counsel and give you a chance to get a lawyer, with counsel appointed if you cannot afford one (Rule 454(a)). The prosecutor may appear, or the officer who filed the citation may question witnesses (Rule 454(c)). The verdict and any sentence are announced in open court at the end of the trial (Rule 454(d)).

If you entered a not guilty plea and then miss the trial, the notice warns that your absence counts as consent to a trial without you, and any collateral is applied to the fine and costs if you are found guilty (Rule 408(B)(3)).

Can I appeal a summary conviction?

Yes. A notice of appeal must be filed with the clerk of courts within 30 days after the guilty plea, conviction or other final order (Rule 460(a)). The appeal leads to a new trial, called a trial de novo, in the Court of Common Pleas. In Delaware County the clerk of courts' work is done by the Office of Judicial Support, whose Criminal Division handles summary appeals. The 30-day clock also runs after a guilty plea, which matters if you paid a citation and then learned about its consequences.

Does a summary offense go on my record, and can I clear it?

Yes, a summary conviction is part of your criminal history. There are two ways to clear it:

• Clean Slate: a summary conviction is placed under limited access automatically once five years have passed since the conviction and any court-ordered restitution is paid (18 Pa.C.S. 9122.2(a)(3)).
• Expungement: you may petition to expunge a summary conviction once you have been free of arrest or prosecution for five years after it (9122(b)(3)). Summary expungements follow Pa.R.Crim.P. 490.

Charges that end without a conviction can be expunged and are sealed automatically. Our page on expungement, limited access and Clean Slate compares the options.

Which summary charges carry extra consequences?

• A first retail theft under $150 is a summary offense, but it counts as a prior for grading a later one; see whether retail theft is a felony.
• Disorderly conduct can be charged as a summary offense or a misdemeanor depending on intent and warnings; see whether disorderly conduct and public drunkenness are crimes.
• Reckless driving is a summary offense, but a conviction brings a six-month license suspension; see whether reckless driving is a crime in Pennsylvania.
• Traffic citations can add points to your driving record under PennDOT's point system, which starts corrective action at six points.
• Possessing a small amount of marijuana is not a summary offense but a misdemeanor; see whether small-amount marijuana possession is a crime.

How does a summary case move, step by step?

1. The citation. It is handed to you or mailed, and names the district court.
2. Ten days to respond. You plead guilty or not guilty in writing (Rule 407).
3. If not guilty. You post collateral and the court schedules a hearing and notifies you by mail; collateral is refunded on a not guilty verdict or applied to the amount due on a guilty one, according to the county.
4. The trial. The district judge hears the case without a jury and announces the verdict in open court (Rule 454).
5. The appeal window. Within 30 days you may appeal for a new trial in the Court of Common Pleas (Rule 460); in Delaware County that trial takes place at the Courthouse in Media, described in what to expect at the Delaware County Courthouse.
6. Clearing it later. Clean Slate or expungement after five years.

What changes the answer?

• Whether jail is likely. The right to appointed counsel at a summary trial depends on a reasonable likelihood of jail or probation (Rule 454(a)).
• Whether the offense carries mandatory jail. Then a guilty plea by mail cannot be accepted (Rule 409(B)(3)).
• Whether it is a traffic citation. Ignoring a traffic citation can lead to a license suspension: the county warns that after a suspension notice, failing to respond within 15 days means the court notifies PennDOT and a warrant issues.
• Whether misdemeanors are charged too. Summary charges joined with misdemeanors go with them to the Court of Common Pleas if the case is held for court (Rule 543(F)); see what happens at a preliminary hearing.
• Your record. A summary retail theft counts toward the grade of a later one, and a summary conviction can affect diversion eligibility later.
• Your age. Different procedures apply to juveniles; drivers under 21 should also read our juvenile DUI page if alcohol is involved.

For example: a disorderly conduct citation after a bar dispute

Here is a hypothetical. A man receives a summary citation for disorderly conduct after an argument outside a bar in Media. He is tempted to mail in the fine to make it go away. Instead he reads the citation, sees that sending the fine with a signed plea is a guilty plea and a conviction, and talks to a lawyer within the ten-day window.

He pleads not guilty and posts collateral, and the district court sets a trial date. At trial, the officer testifies and his lawyer cross-examines on whether the conduct met the statute. If he is found guilty, he still has 30 days to appeal for a new trial at the Court of Common Pleas. Either way, five years after a conviction Clean Slate limits access to the record. This example is only an illustration; every case depends on its own facts.

What mistakes do people make with summary citations?

• Paying without thinking. A guilty plea by mail is a conviction.
• Ignoring the ten-day deadline. A bench warrant must issue if a personally served citation goes unanswered (Rule 430(B)(1)(a)).
• Missing the trial after pleading not guilty. Absence counts as consent to trial without you (Rule 408(B)(3)).
• Letting the 30-day appeal window pass. It runs from the plea or verdict.
• Treating traffic citations casually. Unanswered citations can lead to a license suspension and a warrant.
• Forgetting the record. A summary conviction appears on background checks until it is sealed or expunged.

What should I do this week?

1. Read the citation and find the response deadline, the court and the charge.
2. Decide, with a lawyer if possible, whether to plead guilty or not guilty before the ten days run out.
3. If you plead not guilty, keep the receipt for the collateral and watch for the hearing notice.
4. If you cannot pay, ask the district court about a payment plan in person.
5. Write down what happened and the names of any witnesses.
6. Calendar 30 days from any plea or verdict in case an appeal is needed.

Frequently asked questions

Is a summary offense a crime or just a ticket?

It is the lowest grade of crime, with up to 90 days in jail, and a conviction is part of your criminal history until it is sealed or expunged.

Do I need a lawyer for a summary trial?

You may have one, and if there is a reasonable likelihood of jail or probation and you cannot afford a lawyer, one must be appointed (Rule 454(a)).

What if a warrant was issued for an unpaid citation?

Delaware County advises responding to the district court immediately; otherwise a constable can arrest you and bring you before the district judge.

Can a summary conviction be appealed after I paid it?

The 30-day appeal period in Rule 460 runs after a guilty plea too, so a timely appeal is possible even after paying.

Will a summary charge affect a later diversion application?

It can be part of the record a District Attorney reviews. Delaware County's non-DUI ARD guidelines look at prior ARD and convictions; see diversion programs for non-DUI charges.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation before you pay or contest a citation.