How long do you have to file a PCRA petition in Pennsylvania?

One year from the date the judgment of sentence became final. That sentence is simple; working out the date is not, and getting it wrong is the most common reason Pennsylvania post-conviction petitions are dismissed without a hearing.

By John A. Julian, Esq. Updated October 1, 2026.

The rule

Under 42 Pa.C.S. § 9545(b)(1), any PCRA petition, including a second or later one, must be filed within one year of the date the judgment of sentence becomes final. Pennsylvania courts treat that requirement as jurisdictional. A court that receives a late petition has no power to reach the merits, however strong the claims are, unless one of three narrow exceptions applies.

When does a judgment become final?

Section 9545(b)(3) says the judgment is final at the conclusion of direct review, or when the time for seeking direct review runs out. In practice that means:

• No direct appeal filed. The judgment became final 30 days after sentencing, when the time to appeal to the Superior Court expired. The PCRA petition is due one year after that, roughly 13 months after the sentencing date.
• Superior Court affirmed, no petition for allowance of appeal. Final 30 days after the Superior Court's decision, when the time to ask the Supreme Court of Pennsylvania for review expired.
• Supreme Court of Pennsylvania denied allowance of appeal. Final 90 days after the denial, when the time to petition the United States Supreme Court for certiorari expired.
• Certiorari sought and denied. Final on the date the United States Supreme Court denied the petition.

A post-sentence motion filed within ten days of sentencing pauses the appeal clock until the motion is decided or denied by operation of law, which shifts every later date. Reinstated appeal rights restart the calculation: if a court restores the right to a direct appeal, the judgment is not final until that new appeal concludes.

The three exceptions

Section 9545(b)(1) lists three circumstances that allow a petition to be filed after the one-year deadline:

1. Governmental interference. The failure to raise the claim earlier was the result of interference by government officials in violation of the Constitution or laws of Pennsylvania or the United States. Suppressed evidence in the prosecution's possession is the typical example.
2. Newly discovered facts. The facts on which the claim is based were unknown to the petitioner and could not have been discovered earlier through the exercise of due diligence. A recanting witness, a later-discredited detective, or records that surface years after trial can qualify.
3. A new constitutional right. The right asserted was recognized by the Supreme Court of the United States or the Supreme Court of Pennsylvania after the deadline passed, and that court has held the right applies retroactively.

Each exception has its own clock. Under § 9545(b)(2), a petition relying on an exception must be filed within one year of the date the claim could first have been presented. For claims arising before December 24, 2017, the older 60-day window applies. The petitioner bears the burden of pleading and proving the exception; asserting it in general terms is not enough.

Why the deadline dominates everything else

Because the time bar is jurisdictional, it comes before any discussion of whether trial counsel was ineffective or whether new evidence is credible. A petition filed on day 366 with a compelling claim will be dismissed. A petition filed on day 364 with the same claim will be heard. That asymmetry is why the first question in any post-conviction consultation is the date, and why waiting to "gather more" before contacting a lawyer is a mistake when the deadline is uncertain.

What to do if you are not sure

Send the county, the docket number if you have it, the sentencing date, and what happened on appeal. We check the public docket, identify the date the judgment became final, and tell you how much time remains. That calculation is the first step in every case review.

Common questions

Is the PCRA deadline really one year?

Yes. 42 Pa.C.S. § 9545(b)(1) requires every PCRA petition to be filed within one year of the date the judgment of sentence became final, subject to three narrow exceptions.

What if I never filed a direct appeal?

The judgment became final 30 days after sentencing, when the time to appeal expired. The PCRA petition is due one year after that date.

Can the deadline be extended for good cause?

No. Pennsylvania courts treat the deadline as jurisdictional. Only the three statutory exceptions, each pleaded and proven, allow a late petition to be heard.