Arrest records are public documents in Berks County, Pennsylvania, pursuant to the Pennsylvania Right to Know Law (65 P.S. § 67.101 et seq.). This legislation establishes the presumption that records in possession of governmental bodies are accessible to the public unless specifically exempted by law, court order, or privilege. Arrest records maintained by Berks County law enforcement agencies contain information about individuals who have been taken into custody, including the circumstances of their arrest, booking information, and subsequent processing through the criminal justice system. The Pennsylvania Criminal History Record Information Act (18 Pa.C.S. § 9101 et seq.) further governs the dissemination of these records while balancing public access rights with privacy considerations.
Berks County arrest records are accessible through various digital platforms maintained by county and state agencies. The Unified Judicial System of Pennsylvania provides electronic access to court dockets and case information through its web portal. Additionally, the Berks County Clerk of Courts maintains digital records of criminal proceedings that may be accessed remotely. The Pennsylvania Criminal History Record Information Act authorizes the electronic dissemination of these records while establishing protocols for their accuracy, security, and appropriate use. Members of the public should note that while basic arrest information is available online, certain documents may require in-person requests at county facilities.
Multiple official channels exist for accessing Berks County arrest records:
Pursuant to Pennsylvania law, requestors may be required to complete standardized forms and provide identification when seeking arrest records. Fees may apply in accordance with the fee schedule established under 65 P.S. § 67.1307.
Standard Berks County arrest records contain the following information as prescribed by the Pennsylvania Criminal History Record Information Act:
Certain sensitive information may be redacted from public versions of these records in accordance with 18 Pa.C.S. § 9121, including Social Security numbers, financial account information, and information pertaining to victims of certain offenses. Juvenile records are subject to additional confidentiality protections under the Pennsylvania Juvenile Act.
Berks County arrest records may be lawfully utilized for several purposes as authorized under Pennsylvania law:
The Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) and Pennsylvania state law impose restrictions on how arrest record information may be used in employment and housing decisions. Specifically, 18 Pa.C.S. § 9125 prohibits employers from considering arrests not resulting in convictions when making employment decisions unless the position involves working with vulnerable populations.
While arrest records are generally public, several statutory and procedural limitations exist:
The Berks County Court of Common Pleas adjudicates disputes regarding record access when agencies deny requests based on these exemptions. Requestors denied access may file appeals with the Pennsylvania Office of Open Records within 15 business days of denial.
Pennsylvania law provides mechanisms for the expungement or sealing of arrest records under specific circumstances. Pursuant to 18 Pa.C.S. § 9122, individuals may petition for expungement when:
Additionally, Pennsylvania's Clean Slate Law (Act 56 of 2018) provides for automatic sealing of eligible non-violent misdemeanor convictions after 10 years without subsequent offenses. The expungement process requires filing a petition with the Berks County Court of Common Pleas, payment of filing fees, and judicial review. If granted, expungement orders are transmitted to all agencies maintaining the records, including the Pennsylvania State Police Central Repository.
The Commonwealth of Pennsylvania and Berks County maintain several resources to locate individuals currently in custody:
These systems are updated daily and provide basic custody information including facility location, projected release dates, and parole eligibility. Pursuant to Pennsylvania law, certain victim notification requirements apply when inmates are released or transferred.