What is unsworn falsification in Pennsylvania?

It is a crime under 18 Pa.C.S. § 4904 to make a written false statement you do not believe to be true, either with intent to mislead a public servant or on a form bearing notice that false statements are punishable. No oath is needed.

Is unsworn falsification a felony?

No. It is a misdemeanor of the second or third degree. It carries up to 2 years or up to 1 year respectively, with a minimum $1,000 fine on any conviction. It is often charged with other offenses that can be felonies, such as § 6111(g)(4) on a firearm form.

Can I be charged for signing something I did not write?

Yes. In Commonwealth v. Williams (Pa. 2025), the Pennsylvania Supreme Court held that the statute does not require you to draft or physically write the statement. Adopting a written statement by signing it can be enough. An oral false statement alone is not covered by § 4904(a)(1).

What if I made an honest mistake on the form?

An honest mistake is not unsworn falsification. The Commonwealth has to prove you did not believe the statement was true. That usually comes down to the circumstances and what the records show you knew.

Why does a misdemeanor like this matter so much?

Under Pa.R.E. 609, a conviction involving dishonesty or false statement must be admitted to attack a witness's credibility. It can also raise problems with employers and professional licensing boards in a way many other misdemeanors do not.

Can this charge be expunged?

If the charge is dismissed, withdrawn, or resolved through a diversionary program, expungement is generally available. A conviction is much harder to remove, which is why the outcome of the case matters.

Criminal Defense · Unsworn Falsification

Unsworn Falsification Lawyer in Pennsylvania.

Unsworn falsification is the charge prosecutors use when they say someone lied in writing to the government, whether on a firearm form, a benefits or license application, a police statement, or a court form. No oath is required. But the Commonwealth must prove the statement was false and that you did not believe it was true. A mistake is not a crime, and that is where these cases are often won.

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Unsworn Falsification to Authorities Defense in Pennsylvania.

Unsworn falsification is a misdemeanor of the second degree when made with intent to mislead a public servant under § 4904(a), and a misdemeanor of the third degree when it is a written false statement on a form bearing notice that false statements are punishable under § 4904(b). Every conviction carries a fine of at least $1,000.

Statute: 18 Pa.C.S. § 4904

ARD & diversion

ARD eligibility is set by each county's District Attorney. In a first-offense case with no harm to anyone, it is worth asking, particularly where avoiding a dishonesty conviction is the priority.

Pennsylvania ARD program · ARD eligibility quiz

Unsworn Falsification to Authorities Defense: offense grading and maximum exposure under 18 Pa.C.S. § 4904
Offense & grading	Maximum exposure
M2 — § 4904(a), intent to mislead a public servant Covers written false statements, submitting forged or altered writings, and submitting false samples or objects.	Up to 2 years jail, $5,000 fine
M3 — § 4904(b), statement under penalty Applies to a written false statement on a form bearing notice that false statements are punishable. No separate intent to mislead is required.	Up to 1 year jail, $2,500 fine
Mandatory fine — § 4904(d) Applies to any conviction under the section, on top of any other penalty.	At least $1,000
Related charge — § 6111(g)(4) When the form was a firearm application, § 4904 is commonly charged alongside the felony false-statement count.	Felony of the third degree

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

How we defend unsworn falsification cases.

Attack belief in the statement
Section 4904 reaches only a statement the person did not believe to be true. The Superior Court reversed a § 4904(b) conviction in Commonwealth v. Bachner (Pa. Super. 2020) where the evidence was insufficient to show the defendant did not believe his answers on firearm forms.
Prove the statement was not false
We test what the form actually asked and whether the answer was literally accurate. An ambiguous question is a real problem for the Commonwealth.
Challenge intent to mislead on an M2
Section 4904(a) requires intent to mislead a public servant performing an official function. Without that proof, the M2 count fails.
Require corroboration
Section 4904(c) incorporates § 4902(c) through (f) of the perjury statute. Under § 4902(f), falsity may not be established by the uncorroborated testimony of a single witness.
Look for a retraction
The same incorporated provisions include retraction under § 4902(d). Whether it applies depends closely on when and how the statement was corrected.
Negotiate the outcome
Because this is a dishonesty offense, avoiding a conviction matters more than the sentence. We look for withdrawal, diversion, or a non-dishonesty resolution.

Where we appear

Unsworn Falsification 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:

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FAQ

Frequently asked questions.

Common questions about unsworn falsification charges in Pennsylvania — grading, penalties, diversion, and record consequences.

It is a crime under 18 Pa.C.S. § 4904 to make a written false statement you do not believe to be true, either with intent to mislead a public servant or on a form bearing notice that false statements are punishable. No oath is needed.
No. It is a misdemeanor of the second or third degree. It carries up to 2 years or up to 1 year respectively, with a minimum $1,000 fine on any conviction. It is often charged with other offenses that can be felonies, such as § 6111(g)(4) on a firearm form.
Yes. In Commonwealth v. Williams (Pa. 2025), the Pennsylvania Supreme Court held that the statute does not require you to draft or physically write the statement. Adopting a written statement by signing it can be enough. An oral false statement alone is not covered by § 4904(a)(1).
An honest mistake is not unsworn falsification. The Commonwealth has to prove you did not believe the statement was true. That usually comes down to the circumstances and what the records show you knew.
Under Pa.R.E. 609, a conviction involving dishonesty or false statement must be admitted to attack a witness's credibility. It can also raise problems with employers and professional licensing boards in a way many other misdemeanors do not.
If the charge is dismissed, withdrawn, or resolved through a diversionary program, expungement is generally available. A conviction is much harder to remove, which is why the outcome of the case matters.

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