Is retail theft a felony in Pennsylvania?

It can be. A third or subsequent retail theft offense is a third-degree felony regardless of the value taken, as is any retail theft of merchandise worth $1,000 or more. First offenses are graded as a summary offense (under $150) or an M2 ($150 or more).

Can a retail theft charge be expunged in PA?

Yes in many cases. ARD and diversion completions are expunged. Summary convictions can be expunged after 5 years without a subsequent arrest. Misdemeanor retail theft convictions may be sealed under the Clean Slate Act, but sealing is not the same as expungement to employers who ask you directly.

What happens at a first retail theft hearing?

A summary retail theft is tried in front of the magisterial district judge. A misdemeanor goes to a preliminary hearing first, where the Commonwealth only has to show a prima facie case. That hearing is the best point to lock in the value evidence and start diversion discussions.

Will paying the store back make the charge go away?

Restitution helps and is usually required by any diversionary program, but it doesn't dismiss the criminal case on its own. The store's civil demand letter is separate from the prosecution — never treat paying it as a resolution of the charge.

Criminal Defense · Retail Theft

Retail Theft Lawyer in Pennsylvania.

Retail theft looks minor until you see how Pennsylvania grades it: every prior escalates the next charge, and a third offense is a felony regardless of value. It's also a crime of dishonesty, which is exactly what background checks are built to find.

(717) 724-7503 Schedule a consultation

How Pennsylvania grades it

Theft & Retail Theft Defense in Pennsylvania.

First offense under $150 is a summary offense; first offense $150 or more is an M2; second offense is an M1; third or subsequent offense — or merchandise worth $1,000 or more — is an F3.

Statute: 18 Pa.C.S. § 3929 (retail theft); § 3921 (theft by unlawful taking)

ARD & diversion

First-offense retail theft is among the most reliably ARD- and diversion-eligible charges in Pennsylvania.

Pennsylvania ARD program · ARD eligibility quiz

Offense & grading	Maximum exposure
First offense, under $150 — summary Still a record. Expungeable after 5 clean years, or sooner via diversion.	Up to 90 days jail, $300 fine
First offense, $150+ — M2 The most commonly filed grading.	Up to 2 years jail, $5,000 fine
Second offense — M1 Grading escalates on the prior, regardless of the amount taken.	Up to 5 years jail, $10,000 fine
Third+ offense, or $1,000+ merchandise — F3 Felony exposure from conduct that started as a summary offense.	Up to 7 years jail, $15,000 fine

Maximums are statutory ceilings, not expected sentences. Actual outcomes depend on prior record score, offense gravity score, and county practice.

How we defend retail theft cases.

Challenge intent
Retail theft requires intent to deprive the merchant of full retail value. Unpaid items in a cart, a forgotten bottom-of-basket item, and self-checkout scanning errors are genuine defenses, not excuses.
Pin down the value
Value sets the grading. Loss-prevention reports routinely use inflated or pre-discount figures — getting the real value under $150 can drop the charge to a summary offense.
Get the video
Loss-prevention footage is retained briefly and often shows less than the report claims. We demand it before it's purged.
Attack the detention and the statement
Store-detention procedures and un-Mirandized station statements are frequently challengeable, and many cases rest almost entirely on the admission.
Diversion, ARD, and restitution
Most Central PA counties run theft diversion or accept ARD for first offenses — restitution and a completed program, then expungement.
Break the escalation chain
The single most valuable outcome is keeping this case off the record so the next one isn't graded as a second or third offense.

Where we appear

Retail Theft defense across Central Pennsylvania.

Attorney Quinlan appears in the magisterial district courts and Courts of Common Pleas in Dauphin, Cumberland, York, and Adams counties. Start with your city:

Other charges we defend.

FAQ

Frequently asked questions.

Common questions about retail theft charges in Pennsylvania — grading, penalties, diversion, and record consequences.

It can be. A third or subsequent retail theft offense is a third-degree felony regardless of the value taken, as is any retail theft of merchandise worth $1,000 or more. First offenses are graded as a summary offense (under $150) or an M2 ($150 or more).

Free Consultation

The sooner we talk, the more we can do.

Every hour matters in a DUI or criminal case. Call directly and speak with Attorney Quinlan — not an intake desk.

(717) 724-7503 Schedule a consultation