Legal Resources

The drinking age in Pennsylvania is 21. It is not just illegal to drink when you're under 21, it is also illegal to possess alcohol (e.g. keep it in your room, hold it for someone), to transport alcohol (e.g. drive it in your car, even if someone else in the car is 21), or to attempt to purchase alcohol.

Underage drinking is a summary offense.

It is a 'stacking' offense, meaning the punishment gets worse each time you get one. A first offense is punishable by up to a $500 fine, whereas a second offense goes up to a maximum of a $1,000 fine. Underage Drinking is punishable by up to 90 days in jail. If considering a jail sentence, the court will send the defendant a letter before the hearing advising of the risk of jail time and allowing the defendant to obtain counsel.

Many Magisterial District Judges will offer a diversionary program for first offense underage citations, such as the YOP program in Centre County. If a diversionary program is offered and accepted, there is usually an educational and/or community service requirement, the costs and fees associated with the citation are due, but the fine is not, and the citation is marked as 'dismissed' when the program is successfully completed.

Public drunkenness means:

1. You're in a public place, and
2. You've had so much to drink, or used other controlled substances, to the degree that you may have,
   1. Endangered yourself,
   2. Endangered others,
   3. Endangered others' property, or
   4. Annoyed people.

Public drunkenness is a summary offense. A first offense carries a maximum fine of $500, a second offense $1,000. Public drunkenness is punishable by up to 90 days in jail. If considering a jail sentence, the court will send the defendant a letter before the hearing advising of the risk of jail time and allowing the defendant to obtain counsel.

Some areas have local ordinances prohibiting public urination and defecation. In areas that do not, the behavior is often cited as disorderly conduct.

Public restrooms are available in most parking garages in State College Borough 24 hours a day, 7 days a week. The Borough of State College prohibits public urination and defecation. The ordinance provides a fine of not less than $750 for a first offense, and $1,000 for a subsequent offense.

Some areas have local ordinances prohibiting possession or transportation of an open container of alcohol.

The Borough of State College prohibits the possession or transportation of open containers of alcoholic beverages. You cannot possess an open container (beer can, bottle, cup of alcohol) on any public street, sidewalk, park, or alley, or public parking lot/garage (or within a car in a lot garage). The fines are a maximum of $250 for the first offense. Higher fines can be assessed for subsequent offenses within a 120 day period ($500 for a second and $1,000 for a third).

Furnishing alcohol to a minor means to:

• intentionally or knowingly,
• sell, furnish, or purchase with the intent to furnish,
• any liquor or malt or brewed beverage,
• to a person who is less than 21 years of age.

This is a third-degree misdemeanor. The minimum fine for a first offense is $1,000 and maximum jail time is 1 year.

Consider this:

1. You don't have to be 21 to be charged with furnishing!
2. Local police departments and Liquor Control Enforcement officers monitor and look for suspicious behaviors at distributors, state stores, and other places where students often go to buy alcohol for minors.
3. If bad things happen to the minor who drank the alcohol, or if the minor causes bad things to happen to other people after drinking the alcohol, the furnisher is at risk for more than just a furnishing charge, they might also be held responsible under civil law for the injuries to the minor and other people or property hurt by the minors actions.

It is illegal for anyone under 21 to drive a vehicle with a blood alcohol concentration of .02 or higher, and it is illegal for those 21 or older to drive with a blood alcohol concentration of .08 or higher. 

DUI laws are not limited to alcohol but also drugs, including marijuana even if you have a medical marijuana card. There are a variety of levels and penalties for driving under the influence. Charges can range from an ungraded misdemeanor to a felony of the third degree. Penalties can include jail time, fines, license suspension, classes, and drug and alcohol assessment.

Local Ordinance Violation

A local ordinance violation is a type of summary offense that is defined by a local municipality and enforced only within that municipality, not the state. Common local ordinance provisions are public urination, noise ordinances, and open container rules. On the University Park campus, University Police do not enforce local ordinances; instead, University Police charge individuals with offenses that are defined by state law. The state law offenses frequently concern the same disruptive behaviors that local ordinances are designed to prohibit.

Summary Offense

A summary offense is the lowest level of criminal offense in Pennsylvania. Unless a person is arrested and booked (fingerprints and mugshots are taken), a summary offense does not appear on the individual's Pennsylvania State Police criminal history. Pennsylvania employers are not permitted to consider summary offenses when making adverse hiring decisions. Summary offenses can carry jail time of up to 90 days. If the Judge is considering jail time or if there is mandatory jail time, the court must send notice to the defendant before the hearing date and allow the defendant to obtain an attorney (or have an attorney appointed if unable to afford one).

Misdemeanor Offense

A misdemeanor offense is more serious than a summary offense, but less than a felony. Within misdemeanors, there are also levels, with the lowest being ungraded misdemeanors and the highest being first degree misdemeanors. Misdemeanor and felony offenses appear on an individual's Pennsylvania State Police Criminal History if the person is fingerprinted.

Diversionary Programs

The courts will sometimes offer a diversionary program for a first offense. For summary offenses, the availability and conditions of a diversionary program is up to the local Magisterial District Judge in the jurisdiction where the crime occurred. There are three different Magisterial District Judges who serve various parts of the University Park campus and the immediately surrounding community, and all have slightly different programs and qualification requirements. There are three other Magisterial District Judges in Centre County, but their jurisdiction covers areas further away from campus.

For misdemeanor offenses, the availability and conditions of a diversionary program is up to the District Attorney. Many courts offer some type of Accelerated Rehabilitative Disposition (ARD) program. Centre County offers both an ARD program and a specialized diversionary program, Misdemeanor Marijuana Diversion Program, for certain marijuana small amount possession and paraphernalia cases.

If a court orders an expungement, most criminal history record information related to the charge or conviction is destroyed. Expungement is available for limited types of records, such as:

• Non-conviction data (this includes charges and citations that result in a disposition of 'not guilty,' 'withdrawn,' 'dismissed,' 'dismissed-YOP/YES,' or 'nolle prosse').
• Underage drinking convictions--at age 21 and upon completion of all court-ordered requirements.
• Other summary offenses--after 5 years as long as the individual has been free from arrest or prosecution during that time.
• Offenses for which unconditional pardons were granted.
• Cases in which the individual is acquitted of each charge arising from the same criminal episode.

A criminal record can be sealed through a “Limited Access Order,” which is an order that limits the dissemination of certain criminal history record information.  Once obtained, criminal justice agencies and children and youth services would still be able to access the information, but the general public would not have the same access.  For example, a private employer would not be able to access the information and would be prohibited from even asking about sealed records. There are several important exceptions to these general rules, so before you answer a question on a job application, you should talk to a lawyer.

The rules determining what offenses are eligible for limited access orders are complicated.  Generally, limited access orders can be granted after an individual files a Petition for Limited Access for certain offenses, including certain felonies.  A filing fee is required by the court for this petition.  The eligibility requirements have changed a few times over the past several years, so it is best to talk to an attorney if you think you may be eligible.

Certain offenses may also be sealed, but it happens automatically rather than the petition-based sealing described above. Thus, the individual who has the criminal record does not need to file a petition or pay a filing fee. This law gives the court and the Pennsylvania State Police 90 days to seal the record after it becomes eligible. Once automatically sealed, the same limited dissemination rules that were discussed above in the Limited Access Order section apply to the automatic sealing process.

Like the rules for Petitions for Limited Access orders, the eligibility requirements for automatic sealing of prior convictions are quite complicated. Talk to an attorney if you think you may be eligible.

If you have charges that were dismissed, withdrawn, or resulted in a disposition that did not result in a conviction, then you may be eligible for the automatic sealing. Additionally, summary convictions are eligible after 5 years from the date of the conviction.

For convictions that are not eligible for expungement or limited access order, the only way to remove the crime from a criminal history record is to first obtain a pardon. A pardon is an official act of mercy taken by the Governor of Pennsylvania upon the recommendation of the PA Board of Pardons.  A pardon completely frees an individual from the control of the state, exempting an individual from further punishment and relieving an individual from all the legal disabilities resulting from a conviction.

If a pardon is granted, the record can then be expunged. Consideration of a pardon application may take several years and require that the applicant demonstrate years of living a productive, law-abiding life before starting the application process.

To obtain an expungement or limited access order, you must petition for the relief in the court of common pleas for the county in which you were cited or arrested. The Administrative Office of Pennsylvania Courts has blank forms available. 

• To request a pardon for state convictions, follow the Pennsylvania Board of Pardons process.

Alcohol Use

It is permissible to drink alcohol in the United States only if you are over the age of 21. If you are under the age of 21, it is illegal to buy, possess, or drink alcohol. If you get caught with alcohol while underage, you may be fined up to $500 for your first offense. A second offense is up to $1000 fine.

However, even if you are over the age of 21, it is still illegal to be drunk in public. If you endanger yourself or others you may still end up with a citation for public drunkenness. Doing too many shots at a bar could still end you up with up to a $500 fine and a criminal record. It is important to always drink responsibly.

Driving Under the Influence (DUI)

It is illegal to drive a car while under the influence of alcohol (DUI). The legal blood alcohol limit in Pennsylvania is .08 percent, which is usually no more than 1 beer, 1 glass of wine, or 1 shot of liquor per hour, depending on your body size and other factors. If you are under 21, the legal blood alcohol limit while driving is .02 percent.

If you are pulled over by the police and charged with a DUI, your visa will likely be revoked immediately by the U.S. State Department. If your visa is revoked, you will not be able to leave the country and come back in without getting a new visa from your home country. You will also have to go through a lengthy criminal process and face fines in excess of $2500. If you decide to drink alcohol, do not drive.

Marijuana Use

While it may be legal to use marijuana in other states for medicinal or recreational reasons, it is illegal to use or possess marijuana under Federal Law. Marijuana or other controlled substance charges can have very serious impacts on your immigration status, such as visa denial, visa revocation, deportation, or ineligibility for future U.S. visas.

United States laws about driving are made by both the federal government and the individual states. While the federal government makes the treaties between the United States and other countries regarding the applicability of driving licenses around the world, each State determines who may be eligible to drive in that state and what you must do to register your vehicle.

International Treaty

Many countries have agreed to be part of the 1968 Convention on Road Traffic.

If you have a valid driver’s license from one of the 72 countries that have ratified the treaty, you may be able to drive in the United States for up to one year from the date you entered the U.S. However, if your home country’s driver’s license does not have English translations, you may need to obtain an International Driving Permit (IDP) in order to drive legally.

International Driving Permit

You may apply for an IDP in your home country prior to coming to the United States. The IDP will be issued as a gray booklet with translations into English as well as many other languages. The IDP is carried along with your government issued driver’s license so that if you are stopped, the police officer can verify your driver’s license is valid. The IDP itself is not a valid form of identification, nor does it give you any legal right to drive without also having a valid driver’s license along with the IDP.

Many fake websites claim that they are able to sell you a valid IDP. Not only are these websites going to take $80 to $400 for issuing you the fake IDP, but you may also find yourself in legal problems if you attempt to use the fake IDP with police officers or other government officials. Contact your home country’s issuing agency to find out the proper procedures and organizations that can issue you a valid IDP.

Learners Permit

If you have never had a driver’s license issued in the United States or your driver’s license from another state has been expired for more than 6 months, you must first obtain a Learner’s Permit. If you have been using an IDP to drive but want to get a Pennsylvania driver’s license, you will also need to start with a learner's permit. You cannot directly transfer your out-of-country driver’s license to a Pennsylvania driver’s license.

You will be required to take and pass an examination about Pennsylvania driving laws, complete a physical examination, and pass an eye examination. As foreign citizens, you must provide your immigration documents that prove your legal status in the United States, your passport, and a Social Security card. If you do not already have a Social Security card, meet with your advisor.

Pennsylvania’s Driver’s License

If you are going to be driving for more than one year or your home country is not a signatory to the international treaty, you must obtain a driver’s license from the Commonwealth of Pennsylvania. You must apply in person. The Pennsylvania Department of Transportation (PennDOT) is the official organization that issues permits and driver’s licenses. The nearest office to the University Park campus is located at 812 West College Avenue, Bellefonte, Pennsylvania.

Transferring License from Another State

If you have already resided in the United States and have a driver’s license issued by another state, you may be able to transfer your license. All new residents of PA who have an out-of-state driver’s license must transfer their out-of-state license to Pennsylvania within 60 days of moving to Pennsylvania. PennDOT has different requirements for different visa types. For example, F-1 and J-1 students are required to present a valid passport, I-94, visa, and 2 proofs of residency.

Proof of residency can be somewhat difficult for a student to obtain. Residency may be proven with a signed lease, utility bills such as electricity or cable, W-2s, tax records, or a mortgage. If a roommate already has a valid drivers license with the same address, they may be able to go with you and vouch that you live where you say you do.

Updating Name and Address

You must update your driver's license or permit if you change your name or you change addresses. If you change your name due to marriage or divorce, you are required to update the information with PennDOT. If you fail to update your address, you may not receive important information from PennDOT or may receive the information too late.

Getting Pulled Over

It is extremely important that you learn and follow the rules when driving in the United States. Not knowing the law is never an excuse for breaking the law.

• If you are driving and you see a police vehicle behind you with its emergency lights on, slow down and pull off to the side of the road at the nearest safe area to do so.
• If you are not able to immediately pull over due to unsafe conditions, put on your blinker and wave so that the officer knows that you are acknowledging the officer’s presence.
• Once you have pulled over, roll down your window, turn off your car and place your keys on the dashboard in front of the steering wheel.
• Do not attempt to get out of the car unless you are instructed to do so.
• Have your driver’s license out and ready to hand to the officer when asked.
• The officer will inform you as to why they pulled you over.
• Be respectful of the officer and do not argue with the officer.
• If you disagree with why the officer pulled you over, you will have an opportunity to dispute it in court at a later date.
• Never attempt to pay the officer money on the spot. This could be viewed as an attempt to bribe the officer and could result in you going to jail.

Tickets

If you are pulled over and the officer issues you a ticket, you may respectfully ask the officer about the ticket and what your options are. The officer should explain what the ticket is for and why the officer issued it. In Pennsylvania, you have 10 days to respond to the ticket. This means that you will either plead guilty or not guilty by signing on the appropriate line at the bottom of the ticket and mailing it to the address on the ticket. If you fail to respond within 10 days, you will have your driver’s license suspended and potentially face even larger fines and penalties. Ignoring the ticket is never a good idea.

If you plead guilty, you are accepting the ticket as true and are agreeing to the fines and penalties that are imposed. If you wish to plead not guilty, sign the line on the ticket for “not guilty” and send it to the address on the ticket. You will receive a letter from the court telling you when your hearing is set for. If you fail to attend the hearing, you will be automatically found guilty. If you attend the hearing you will have an opportunity to have a judge determine if the officer was right or wrong.

Points

In addition to the fine you will have to pay if you get a ticket, you may also receive “points” on your driver’s license. Points are a way for PennDOT to discourage repeated violations. If you accumulate 6 or more points on your Driver’s license, you may have your license suspended or have to take a safe driving course. Receiving two speeding tickets in one year could easily put you at the 6 point mark.

One common mistake made by international drivers is failing to stop for a school bus when its red lights are flashing. Since children often cross the street when getting on or off a school bus, you are required to stop regardless of which direction you are traveling. If you see a school bus with flashing yellow lights, slow down and be prepared to stop. The yellow lights are a warning that the school bus will soon come to a complete stop and turn on its red lights. Failure to stop for a school bus results not only in a fine, but also an automatic 60 day suspension of your drivers license.

Most international students who enter on an F-1 or J-1 visa can work only on campus. F-1 students may work on campus up to twenty (20) hours per week. Working off campus without first getting permission from USCIS can jeopardize your current and future visa status. International students sometimes think that doing things like driving for Uber is not work. It is! If there are any questions, talk to an advisor in International Student and Scholar Advising to stay on the right side of the law.

Registering a Car

Before driving your car, you must register your car with PennDOT. If you purchase a car from a Pennsylvania dealer, the dealer should be able to help you with all of the registration requirements. If you purchase a car from an out-of-state dealer or from a friend, there are numerous procedures you will need to follow.

You will also need to renew your registration once every one or two years, depending on your choice of registration options. Keep your address updated with PennDOT so you do not miss important deadlines. Failure to receive the renewal notices will not excuse you from these requirements.

Inspecting a Car

You must have your car inspected every year for safety and emissions. There are dozens of inspection stations in the local area. Most mechanic shops and car dealers can inspect your car. They will place two stickers on the left lower windshield with dates for when the next inspection is due. Failure to have your car inspected can result in having your car impounded by the police and subject you to large fines and penalties.

Insuring a Car

You are required to have insurance for your car in order to lawfully drive it. Dozens of insurance companies offer insurance coverage. Insurance is broken down into two categories: liability and collision.

Liability insurance covers damages you may cause to other people and their cars. Collision insurance covers damages that happens to your car. Liability insurance is required for every driver in Pennsylvania. It is illegal to operate a car on the road without liability insurance.

Collision coverage is not required. It is cheaper to forego collision insurance, but if you are in an accident, you may have to pay for all of the repair costs out of your own pocket.

Liability coverage is further broken down into two subcategories: “full tort coverage” and “partial tort coverage.” Partial tort coverage is cheaper than full tort, however, partial tort coverage may limit how much you may recover from the insurance company or other driver in the event of an accident. Ask your insurance company about the difference so that you can make an informed decision about what is best for you.

It's one thing to read the lease, another to understand it. Eligible Penn State students can see Student Legal Services for a free lease review.

Renter's insurance protects you and your possessions in the event of fire, theft, or other catastrophic event. Look for a policy that provides protection for liability and personal property. Why? Your landlord is not usually responsible to reimburse you for damage to your personal property. If the roof leaks or the property burns down--and if you're the one who left the something on the stove that caused the fire--you might be the one who is responsible. Renter's insurance can provide coverage for both situations. It is affordable and available through most major insurance carriers, some credit unions, or possibly even through your parents' homeowner's policy.

The Insurance Information Institute has good information on how to choose a policy and the National Association of Insurance Commissioners specifically address renter's insurance for college students.

One important step before signing a lease is researching the prospective landlord. There are a number of resources available to help you in this search. No single source has complete information about a landlord. The best approach is to gather information from several sources and see if a trend emerges.

• Find tools for researching landlords now

If you already know your future roommates, great! If you don't, consider meeting them in person. Most landlords won't get involved or move you if there's a conflict between roommates. And many leases in town are 'joint and several' liability, which means the landlord can hold one roommate responsible if the other stops paying rent.

• Looking to find other Penn State students to live with? Find vetted ways to connect with other students now.

Getting your security deposit back starts before you sign the lease by researching your landlord and understanding your lease. When you're ready to move in, here are some other steps to follow:

1. Inspect and document the condition of the property carefully when you move in with a detailed move-in checklist and photos or a video. Detail both repairs needed and all cosmetic flaws.
2. Treat your apartment with care while you live there. Let the landlord know right away if you notice any problems. If the place gets trashed, you pay the bill.
3. When it is time to move out, carefully inspect and document the condition of the property again. Ask your landlord to walk through the apartment with you after you have cleaned so you can learn of any items that still need to be addressed.
4. Turn in a written forwarding address and any cleaning receipts when you turn in the keys.
5. Your landlord is required to send you a refund of your deposit and an itemized list of any funds withheld within 30 days after you turn in your keys and forwarding address. If you think the charges are unreasonable, write your landlord a letter or email to dispute the charges. Be specific and keep the tone professional. If you are unable to resolve it with your landlord, seek the advice of an attorney to explore your legal options.

Be wary of subletting. A sublet is where a third party enters into an agreement with a tenant to rent a property, but the tenant still remains liable to the landlord for the lease. For the third party entering into the sublet, most leases require the landlord's approval for a valid sublet, so be sure the landlord is in agreement. Every summer we get someone who inadvertently locks themselves out and the landlord will not open the apartment for them because the landlord did not know that individual was subletting the apartment. For the tenant who wants to sublet their unit, it may seem like a good deal to have someone use the apartment and pay the rent, but the tenant is still responsible to the landlord for any unpaid rent and for any damages to the apartment, so the tenant may end up in a worse position than if they never sublet the space at all. Many landlords offer assignment and release, where they will allow the new tenant to enter into a lease with them directly and will release the tenant from their remaining lease responsibilities. This is a better solution for both tenants.

Joint and several liability allows a landlord to hold any or all tenants responsible for the lease obligations. In the State College market, where much of the housing is multi-family space, this can create issues for tenants. The most common issue that arises is that one tenant leaves the University and moves out of town and simply stops paying rent. Where there is a joint and several lease, the landlord will typically look to the remaining roommates for payment of the delinquent rent. They are close at hand and motivated to continue in the lease. The roommate that left is often no longer in Pennsylvania and not motivated to satisfy this obligation. The joint and several obligation only refers to the relationship between the landlord and the tenants. Legally, the remaining tenants do owe the landlord for the missing tenant's rent. But the remaining tenants can separately pursue the remaining tenant for reimbursement in small claims court or other judicial process. The landlord is still in the better position to collect the money. The landlord can pursue all of the tenants and their financial guarantors for the unpaid rent. The remaining tenants can only pursue the missing tenant. The missing tenant's guarantor does not have any legal relationship to the remaining tenants. Thus, the remaining tenants may find that any judgment that they obtain is difficult to collect against the missing tenant. 

Students are often surprised by how seriously marijuana is taken in Pennsylvania. Some students come from states where marijuana has been legalized or decriminalized.

In Pennsylvania, marijuana is still considered a Schedule 1 controlled substance, and under state law, possession of marijuana for personal use is a criminal offense and is a misdemeanor. If an individual possesses marijuana with the intent to deliver, delivers, or grows/manufactures it, the maximum penalties and collateral consequences are much harsher. Those offenses are not discussed in this overview.

Some local municipal governments, including the Borough of State College, have adopted ordinances providing police officers discretion to file a less serious summary offense rather than a more serious misdemeanor charge under Pennsylvania law.

This overview provides general information about the Pennsylvania law and the State College Borough Ordinance. Other municipalities may have local ordinances or charging practices. If you are charged with any of these offenses, you should talk to a lawyer to discuss your options. There is no substitute for getting legal advice tailored to the specific facts in your case.

Definitions of Offenses

Pennsylvania has two possession charges for marijuana: (1) Simple Possession and (2) Possession of a Small Amount of Marijuana.

Simple possession is when an individual possesses, for personal use, a controlled substance without a valid prescription. This offense is broad in the sense it includes all controlled substances as defined by the drug law. See 35 P.S. §§ 780-102, -104. This includes substances like heroin, cocaine, Adderall, Percocet, and many more. When marijuana is involved, simple possession would be charged if the amount is over 30 grams and is possessed for personal use.

Possession of a small amount is when an individual possesses, for personal use, less than 30 grams of marijuana or less than 8 grams of hashish.

Often, possession of drug paraphernalia is filed together with an underlying drug possession offense. The definition for drug paraphernalia is very broad. It isn’t just the obvious sorts of things like a bong, pipe or grinder. It also includes any object that used in connection with a controlled substance.

For instance, paraphernalia could be a plastic baggie or a Tylenol pill bottle used to store or contain marijuana; it could be a plastic water bottle, or even an apple that is converted into a smoking device; or it could be a paper clip that is used to clean a glass smoking device. In other words, an otherwise legal item becomes illegal if it is used in connection with a controlled substance.

Penalties

Definitions

The State College Borough Ordinance allows officers to cite an individual with a summary offense for certain marijuana-related offenses within State College Borough.

The definitions used in the Ordinance, however, are different than the state law. The specific violations are (1) possessing a small amount of marijuana, (2) possessing drug paraphernalia, and (3) smoking a small amount of marijuana in a public place.

Smoking marijuana includes “vaping.” The state law does not address “smoking” and only covers possession.

The Ordinance’s definition for drug paraphernalia is limited to only devices that are used or intended to be used for “storing or for smoking marijuana.” Ordinance 2090, § 1002(a). Any item used for another purpose would be drug paraphernalia under the state law. For example, the Ordinance would not cover a scale (weighing marijuana) or a grinder, and possessing them would result in misdemeanor charges.

The definition of a “small amount of marijuana” is the same in the Ordinance and the PA law.

Limitations

The State College Borough Council does not have authority to enact ordinances that amend, repeal or replace Pennsylvania law. Possessing a small amount of marijuana and drug paraphernalia is still illegal and can be charged as a misdemeanor. The ordinance merely gives a borough police officer an option to charge a summary offense rather than a misdemeanor.

Additionally, the State College Borough Council has no authority to enact ordinances that regulate other municipalities in the State College area. The borough website provides a map of the borough's boundaries.

Smoking or possessing a small amount of marijuana or drug paraphernalia is still a misdemeanor in every other municipality in Centre County where many students live and work. This includes College Township, Ferguson Township, Halfmoon Township, Harris Township, and Patton Township.

State College Borough police officers are the only police department in Centre County that will enforce this ordinance. Penn State University Police officers will charge the misdemeanor, not the ordinance violation, even if a Penn State University Police officer stops the individual within the Borough.

Penalties

Collateral consequences are consequences—in addition to fines and jail/probation—that result because of the conviction. The Council of State Governments Justice Center maintains a survey of collateral consequences to various crimes.

Collateral consequences can also affect things like an individual’s employment, professional licensure, property, civic rights, driving license privileges, and ability to rent an apartment. 

A student’s job prospects may not be impacted as much by a summary conviction as a PA drug law conviction. State law prohibits most employers from using a summary conviction when making an adverse hiring decision. However, there are some instances where this prohibition is superseded by federal law. Also, the limitation applies only to employers making a hiring decision. The citation can be considered by current employers, other institutions of higher education, and professional licensing.

Violation of marijuana laws is typically also a violation of the Penn State Student Code of Conduct. Off-campus police may notify the University of charges which then starts a student conduct process. The consequences related to any code of conduct violation are separate from, and in addition to, any legal consequences the student may face. 

If you would like to learn more about your options in this process, connect with Respondent Support Services as soon as possible. 

Pennsylvania law permits the informal change of name as long as it is not used to defraud creditors or anyone else. If you adopt a new name, you must use it consistently, nonfraudulently, and exclusively.

There is no cost or time investment to an informal name change, but generally you cannot get key documents (driver’s license, social security, etc) changed with an informal name change.

Penn State allows students to use a chosen name in place of or in addition to a legal name as long as the purpose is not to avoid legal obligations or for misrepresentation. The policy and procedure for requesting use of your chosen name is found in Penn State Policy AD84.

Marriage, divorce, and adoption can all lead to documents that can be used to effectuate a name change, but, in most cases, without all the requirements and expense of a formal name change petition. After a marriage, a certified copy of the marriage certificate can be used to change a spouse’s surname on documents. At any time during the pendency of a divorce action, or after the final divorce decree is issued, a spouse can elect to resume a prior surname with a simple request to the court, called a praecipe, and payment of a small fee. In an adoption proceeding, a name change can be requested in the adoption petition. If granted, the name change order is typically part of the final adoption decree.

If you have one of these documents, you can skip down to the “Changing Documents” section for links to common documents used in name changes.

A formal name change through the courts is used when you want to change your official documents to reflect the new name you have chosen. You can change any part of your name, such as just your last name, or you can change all of it and choose an entirely new first, middle, and last name.

There are a few reasons you can’t get your name changed: to avoid creditors, to commit fraudulent acts, or if you are convicted felony (with some exceptions).

There is also a general public policy requirement. Names like @#!%, 08935, Jesus Christ, and Adolf Hitler could be prohibited by the court as being against public policy.

The court is not allowed to refuse a name change for an individual seeking a name change as part of a gender change unless it finds that the name change is really being sought for one of the prohibited reasons. In Re McIntyre, 715 A.2d 400 (Pa. 1998).

Note that the law specifically provides an exception to the requirement of publication if you can show that publication would jeopardize your safety. If that is shown, the court can waive the publication requirement and seal the file.

Draft Petition

A formal name change requires that you make a formal request to the court. This is called a petition. Your petition will have several parts: confidential information certification form, civil cover sheet, cover page, petition, two draft orders, and a draft notice.

The civil cover sheet is used by the court’s administrators to track the numbers and types of cases that are filed in the various courts. It must be submitted with any new civil filing.

The confidential information certification form is used to certify to the court that your petition does not include any confidential or sensitive information such as social security numbers, financial account numbers, driver’s license numbers, state identification numbers, or minors' names and dates of birth. If you are applying for the name change of someone under the age of eighteen, see a lawyer to discuss how to handle information about the minor in the petition.

When you have the documents all ready to go, sign the petition and make an extra copy.

Fingerprinting

Fingerprinting is available at no charge for Penn State University Park students who are seeking name changes. The service is available by appointment only; contact the Penn State University Park Campus Police.

For students residing outside Centre County, fingerprints can generally be obtained from your local campus police, local police or local sheriff. If none of these agencies are equipped to provide fingerprints for a name change, the State Police will usually provide the service. Most agencies charge a small fee.

Filing Fee

You will have to pay a filing fee to file your petition. The Prothonotary doesn't take credit cards, so make sure you have cash, cashier’s check, money order or a personal check. Checks should be made payable to the “Centre County Prothonotary”. Filing fees change periodically; up-to-date filing fees can be found on the Prothonotary’s website.

File Petition at the Prothonotary

The “Prothonotary” is just a fancy name for the court’s filing office. This is the place where you file everything from steps 1-3, when you have them ready. It is located at Prothonotary, Centre County Court of Common Pleas, 102 South Allegheny Street, Bellefonte, Pennsylvania.

When you get to the Prothonotary:

1. Ask to file the document.
2. Give them the original petition and the copy that you made. They will assign your case a docket number. This is how they keep track of cases.
3. Give them the original fingerprint card. They will not accept the filing without this document.
4. Pay the filing fee.
5. They will give you a receipt for your payment and the copy of your petition with a stamp on it that shows the date and time it was filed.

Hearing Date, Publication, and Proofs

The Prothonotary will forward your petition to the court administrator. The court administrator will coordinate with a judge to issue an order scheduling a hearing and publication notices.

Provide the publication notices to two newspapers of general circulation or one newspaper and the Centre County Legal Journal.  We typically publish the notices in the Centre Daily Times and the Centre County Legal Journal. Publication is at your expense and the Centre County Legal Journal requires payment in advance.

The court will require that you submit an actual copy cut out from each of these publications at your hearing. The newspapers will typically send you a proof of publication with the cut out ad attached to an affidavit. Bring the original of both of those to the hearing.

If you are concerned that publication of your name change could jeopardize your safety, you may file a Motion to Waive Publication asking the court to waive the publication requirement. The motion should be filed with your name change Petition. A judge will review your motion and decide whether to grant or deny your request.

Proof of Financial Standing

The name change statute prohibits you from changing your name to avoid creditors. To make sure no one sneaks one by the court, everyone who asks for a name change must provide proof of financial standing to the court by providing an official judgment search.

The Prothonotary does the judgment search. There is a small fee for the search (The exact amount varies based on the number of pages the search generates, but it is usually under $10).

Searches are typically ordered the day before or the day of the scheduled hearing. Check with the Prothonotary's Office for up-to-date information on when and how to order these searches.

You are required to submit the judgment search from every county where you have lived for the past five years. If you've lived in counties other than Centre County, you'll need to contact those filing offices. They typically require that you make the request in writing, accompanied by payment. If you need proof from other counties, start early. It can take several weeks to get the documentation.

As of July 12, 2024, the Centre County Court no longer requires a mortgage search performed by a county Recorder of Deeds Office to establish you have no judgments, decrees of record, or other similar matters in your current legal name. Some counties still require this search, so you should consult with an attorney who practices in the county that you are filing the Name Change Petition if it is required. 

Hearing

Appear at the scheduled hearing. Remember that you may need to stop by the Prothonotary offices before the hearing to pick up your judgment searches. 

Bring with you:

1. The two original proofs of publication, and
2. All of the documents you gathered showing proof of financial standing, e.g., the judgment search.

If you don’t have an attorney, you are still responsible for presenting your case and following the rules of the court. For most name change petitions, the court proceeding is pretty informal. But the judge might have concerns about the name change, so be prepared to present the good reasons why your request should be granted.

If the judge signs your order, the court will provide you with five certified copies of the order. You can order more for a fee.

Changing Documents

Once you get the order, you still need to change your name on important documents such as:

• Social Security Card
• Driver’s license
• Vehicle title and registration
• Passport
• Your Penn State record

If you also need to change your gender marker, the standards for what is required vary by agency. The National Center for Transgender Equality provides state-by-state information to assist individuals with changing their names and gender markers on various identification documents.