If you received a citation or Summons for disorderly conduct (18 Pa. C.S. § 5503), you may be wondering what is defined as “disorderly conduct” and how does this affect me? Disorderly conduct is a criminal offense which is usually classified as a summary offense, but in some cases, may rise to the level of a misdemeanor.
Disorderly Conduct Defined
A person can be charged with disorderly conduct for causing a public inconvenience by engaging in fighting, violent behavior, being unreasonably loud, or using obscene language. In most cases, disorderly conduct is a summary offense. However, a misdemeanor grading can be sought if the intent of the actor was to cause substantial harm or serious inconvenience.
Disorderly Conduct Penalties
The maximum penalty for summary disorderly conduct is 90 days of incarceration and/or a $300 fine. The maximum penalty for misdemeanor disorderly conduct is 1 year of incarceration and/or a $2,500 fine. However, it would be considered extraordinary for a disorderly conduct conviction to result in jail time.
Will Disorderly Conduct Show Up On My Record?
The simple answer is it depends. A citation for disorderly conduct should not show up on an FBI background check or Pennsylvania State Police background check. However, citations could be located on Pennsylvania’s web portal. Therefore, a disorderly conduct citation may show up on your record if you apply for a job and the employer performs a background check. If you are found not guilty or the citation is dismissed, you must file an expungement petition with the Court of Common Pleas in order to have it removed from Pennsylvania’s web portal.
Bethlehem Disorderly Conduct Attorney
If you are charged with disorderly conduct, I would recommend fighting it. Although it’s likely just a summary offense and may only result in a small fine, the bigger implication is how it may affect your future employability. Feel free to contact me by calling (484) 362-9286 for a consultation.