Yes, public drunkenness does go on your record in Pennsylvania. That means anyone who runs a background check will be able to see that you were arrested and/or convicted of this crime.
The Montgomery County criminal defense lawyer at our firm can do everything legally possible to help you avoid a conviction. We can also guide you through the process of requesting expungement of your record, if you qualify.
What Pennsylvania Law Says About Public Drunkenness
Public drunkenness is defined by Pennsylvania law as the act of appearing in a public place while intoxicated enough to be a danger or an annoyance to others. Examples of behaviors that could result in a public drunkenness charge include:
- Threatening or attempting to harm yourself or others
- Threatening or attempting to steal or destroy property
- Speaking in an unnecessarily loud voice for a prolonged period of time
- Approaching or following people
Note that, despite the law’s use of the word “drunkenness,” a public drunkenness charge is not limited to those who have been drinking alcohol. If a person commits acts like those listed above while high on any drug, legal or illegal, they could be charged under this statute.
Public drunkenness is graded as a summary offense. A summary offense is the least serious grade and comes with the lowest possible penalties. You likely will not even be arrested, and you do not have to serve time in jail: you will instead be asked to pay a fine. The amount you have to pay depends on if this is your first offense or not.
The Effects of Having Public Drunkenness on Your Record
Although the penalties are not as serious as they are for other crimes, even a summary offense should be taken seriously. You could be fined hundreds of dollars and, in some cases, as much as $1,000. This is a heavy burden for many families to carry.
Your arrest and/or conviction will also result in a criminal record. Anyone who looks up your criminal history will see the public drunkenness charge right away. This could make it harder for you to find a house or apartment, get into the school of your choice, or get the jobs you really want.
There are also the social and psychological impacts to consider. Being known as someone who was convicted of—or even just arrested for—public drunkenness can greatly affect your standing in the community and your own self-image.
How to Get Public Drunkenness Off Your Record
In Pennsylvania, certain crimes are eligible for expungement, meaning you can request that they be removed from your public record. As a nonviolent summary offense, public drunkenness is eligible for expungement.
Expungement does not happen automatically: you must request it. Our defense lawyer can work with you during the expungement process, which involves:
- Requesting a copy of your record from the Pennsylvania State Police Central Repository
- Petitioning the county Clerk of Courts
- Waiting for the court to approve or reject your petition
If your petition is accepted, the State Police will expunge your record. At that point, anyone outside of law enforcement who runs a background check on you will see nothing related to your public drunkenness arrest and/or conviction. This can open up many more professional and academic opportunities than you would have had otherwise.
What to Do if You Are Facing a Public Drunkenness Charge
If you are given a citation for public drunkenness, do not protest it then and there. Taking the citation does not mean you have accepted the charge: you still have the opportunity to fight it. As soon as possible, consult with a lawyer about the citation to learn about your rights and options.
If you have been arrested for public drunkenness, tell the police nothing. The more you say, the more material they have to use against you. All you are legally required to say in this situation is that you are exercising your right to remain silent and your right to a lawyer. Then, reach out to us. You do not have to speak to the police again until we arrive.
Working With Your Attorney on Your Public Drunkenness Charge
Once you retain a lawyer, it becomes our job to help you decide on a defense strategy and work to get the charge dropped. If you face multiple charges (e.g., public drunkenness plus criminal mischief, assault, or theft), we can take this into account as we figure out the best way to approach your case.
Here is what you can expect as your case proceeds:
- Your lawyer can collect evidence like police records and witness statements to determine exactly what happened.
- Upon analyzing the evidence, our legal representative can explain the facts of the case to you and recommend possible legal strategies.
- We will speak for you at all meetings and hearings. All you have to do is appear on time and answer any questions posed directly to you.
- However your case ends, we can help you complete the expungement process so no one has to know that you were arrested for public drunkenness.
Having a summary offense like public drunkenness on your record in Pennsylvania can haunt you. Protect your future by acting swiftly after a citation or arrest. We are always here to listen to your story, day or night.
Protect Your Record by Hiring a Pennsylvania Defense Attorney
From the moment you hire McKenzie Law Firm, P.C., our defense lawyer will be accessible to you by phone, email, text, and even social media. You remain an active and engaged participant in your case, even as we take over all of the legal work associated with preventing public drunkenness from going on your record. Call now to speak with our Pennsylvania legal team for free.
