When you’re facing criminal charges in Pennsylvania, one term that can significantly impact your outcome is the Prior Record Score (PRS). Simply put, the PRS reflects your criminal history and directly influences your sentencing under Pennsylvania’s Sentencing Guidelines. I’ve seen firsthand how understanding the PRS can help my clients achieve better results—or, unfortunately, how not knowing enough about it can lead to harsher penalties than expected.
Whether this is your first time facing charges or you’ve been through the system before, knowing how the PRS works can be the difference between walking away with a light sentence or facing significant jail time. Let’s break it down.
What Is the Prior Record Score in PA?
The Prior Record Score is essentially a numeric value assigned to reflect your past criminal convictions. The more serious and numerous your prior convictions, the higher your PRS. Judges use this score along with the offense gravity score (OGS) of your current charge to determine your sentence range under the state’s sentencing guidelines.
If you’re thinking, “Does my past really matter that much?”—the answer is yes, it absolutely does. Even convictions from years ago or minor offenses you might have forgotten about can come back to haunt you. I’ve handled cases where an old, seemingly insignificant misdemeanor turned a probation recommendation into potential jail time.
How Is the PRS Calculated?
Your PRS is determined by adding up points for your prior convictions. Different types of convictions carry different point values:
- Misdemeanors generally add fewer points than felonies.
- Felonies can add anywhere from 1 to 3 points, depending on the severity.
- Certain violent crimes or repeat felony offenses result in higher PRS categories.
Additionally, juvenile adjudications can count toward your score, depending on how recent and serious they were. There’s also a concept called “aging out” where older convictions might not count after a certain period, but it’s not always straightforward. This is where having an attorney who understands the nuances can make all the difference.
Why Your Prior Record Score Matters
Sentencing Ranges and PRS
The Pennsylvania Sentencing Guidelines use a grid system that pairs your PRS with the OGS of your current charge to determine a recommended sentence range. Let me give you an example:
A client of mine, let’s call him Jim, was charged with a third-degree felony. With no prior record, his guideline range was probation to 12 months. However, because of a prior DUI conviction from five years ago, his PRS bumped the guideline range up to 6 to 18 months. That single prior conviction completely changed the sentencing landscape.
Higher PRS = Harsher Sentences
A higher PRS doesn’t just increase the potential length of a sentence—it can also affect whether a judge is likely to consider alternatives to incarceration, such as probation or house arrest. Judges tend to be stricter with defendants who have significant criminal histories.
Special Considerations and Exceptions
Juvenile Records
A common question I hear is, “Will my juvenile record affect my adult case?” The answer: it depends. In Pennsylvania, certain juvenile adjudications can count toward your PRS if they occurred recently or involved serious offenses. However, older juvenile records might not be included.
Out-of-State Convictions
If you have prior convictions from another state, they may still count toward your PRS in Pennsylvania. The court will look at the out-of-state offense and try to match it with an equivalent Pennsylvania offense to determine how many points to assign.
Expunged or Sealed Records
Expunged or sealed convictions should not count toward your PRS. If you believe a prior conviction was expunged but it still shows up in your PRS, your attorney can challenge its inclusion.
Vacated Convictions
If a prior conviction has been vacated on appeal, it should no longer count toward your PRS. This can be critical if your prior record score is the difference between probation and prison.
How to Challenge or Mitigate Your Prior Record Score
Ensure Accuracy of Your PRS
One of the first things I do when representing a client is to thoroughly review the calculation of their PRS. Mistakes happen more often than you might think. I’ve encountered errors where old convictions were mistakenly included or juvenile records were counted improperly.
Argue for Downward Departures
Even with a high PRS, it’s possible to argue for a sentence below the guideline range. This is called a downward departure, and it involves presenting mitigating factors such as:
- Employment history
- Family responsibilities
- Community involvement
- Rehabilitation efforts (e.g., completing a drug treatment program)
Judges have discretion, and presenting a compelling case can make all the difference.
Negotiate a Plea Deal
Another strategy is negotiating a plea deal that reduces the charges in a way that lowers the PRS impact. For example, pleading to a lesser offense with a lower OGS might significantly reduce the guideline sentence.
Why You Need an Experienced Criminal Defense Attorney
Understanding the intricacies of Pennsylvania’s Prior Record Score requires experience and attention to detail. I’ve helped many clients reduce their sentencing risk by carefully examining their PRS and advocating for fair treatment. Here’s the bottom line: if you’re facing criminal charges, don’t assume the sentencing guidelines are set in stone. With the right defense strategy, there’s often room to negotiate.
If you want to learn more about Pennsylvania’s criminal justice system, check out our other articles on Sentencing Enhancements and Bail Procedures.
For further reading, you can also refer to the Pennsylvania Commission on Sentencing’s official guidelines.
Final Thoughts on Prior Record Score in PA
Your Prior Record Score can have a significant impact on your case, but it doesn’t have to control your fate. An experienced attorney can help ensure that your PRS is accurate and argue for the most favorable outcome possible. If you or a loved one are facing charges in Pennsylvania, contact us today for a free consultation. We’re here to help you navigate this challenging time.
FAQs About Prior Record Score in PA
1. Can out-of-state convictions affect my PRS in Pennsylvania?
Yes, out-of-state convictions can impact your PRS if they are equivalent to offenses under Pennsylvania law.
2. What happens if I have no prior record?
If you have no prior record, your PRS is zero, which means you’ll likely face the lowest recommended sentencing range.
3. Can I challenge an incorrect PRS?
Absolutely. If your PRS includes errors, an attorney can file a motion to correct it.
4. Do juvenile records always count toward my PRS?
No, only certain juvenile adjudications count, and they must meet specific criteria.
5. How long do convictions stay on my PRS?
Some convictions may “age out” after a certain period, meaning they won’t count toward your PRS anymore. However, serious offenses often remain indefinitely.
Feel free to reach out if you have more questions—we’re happy to help!
