No. 1543 Session of 2007
INTRODUCED BY SOLOBAY, BLACKWELL, CALTAGIRONE, CAPPELLI,
CARROLL, CREIGHTON, FABRIZIO, GEIST, GEORGE, GIBBONS,
GODSHALL, HENNESSEY, HERSHEY, JOSEPHS, KILLION, KOTIK, KULA,
LEACH, MAHONEY, OLIVER, READSHAW, RUBLEY, SCAVELLO, THOMAS,
WALKO, J. WHITE, WOJNAROSKI, YOUNGBLOOD, DENLINGER, KIRKLAND,
SONNEY, JAMES, SIPTROTH AND MELIO, JUNE 18, 2007
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
OCTOBER 6, 2008
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for expungement of
3 criminal history record and for juvenile records. <--
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 9122(a)(3), (b), (b.1), (c), (d), (e) and <--
7 (f) of Title 18 of the Pennsylvania Consolidated Statutes are
8 amended and the section is amended by adding a subsection to
9 read:
10 § 9122. Expungement.
11 (a) Specific proceedings.--Criminal history record
12 information shall be expunged in a specific criminal proceeding
13 when:
14 * * *
15 (3) a person 21 years of age or older who has been
1 convicted of a violation of section 6308 (relating to
2 purchase, consumption, possession or transportation of liquor
3 or malt or brewed beverages) which occurred on or after the
4 person attained 18 years of age petitions the court of common
5 pleas in the county where the conviction occurred seeking
6 expungement and the person has satisfied all terms and
7 conditions of the sentence imposed for the violation,
8 including any suspension of operating privileges imposed
9 pursuant to section 6310.4 (relating to restriction of
10 operating privileges). Upon review of the petition, the court
11 shall order the expungement of all criminal history record
12 information and all administrative records of the Department
13 of Transportation relating to said conviction.
14 SECTION 1. SECTION 9122(B), (B.1) AND (C) OF TITLE 18 OF THE <--
15 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
16 § 9122. EXPUNGEMENT.
17 * * *
18 (b) Generally.--Criminal history record information may be
19 expunged when:
20 (1) [an] An individual who is the subject of the
21 information reaches 70 years of age and has been free of
22 arrest or prosecution for ten years following final release
23 from confinement or supervision[; or].
24 (2) [an] An individual who is the subject of the
25 information has been dead for three years.
26 (3) (i) An individual who is the subject of the
27 information petitions for expungement of the information <--
28 and the individual has been free of arrest or prosecution
29 following final release from confinement or supervision
30 for the greater of the following time periods:
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1 (A) In the case of a summary offense, five
2 years.
3 (B) In the case of a misdemeanor of the third
4 degree, seven years.
5 (C) In the case of a misdemeanor of the second
6 degree, ten years.
7 (ii) This paragraph shall not apply to any
8 individual who has been convicted of:
9 (A) An offense punishable by imprisonment of
10 more than two years.
11 (B) Four or more offenses punishable by
12 imprisonment of one or more years.
13 (C) A violation of section 2701 (relating to
14 simple assault).
15 (D) An offense classified as a misdemeanor of
16 the second degree committed when the individual was
17 at least 25 years of age.
18 (E) A violation of section 3126 (relating to
19 indecent assault).
20 (F) A violation of section 3129 (relating to
21 sexual intercourse with animal).
22 (G) A violation of section 5511 (relating to
23 cruelty to animals).
24 (H) A violation of any provision of Chapter 61
25 (relating to firearms and other dangerous articles).
26 (I) A violation of an offense for which
27 registration is required under 42 Pa.C.S. § 9795.1
28 (relating to registration).
29 (iii) Expungment shall be at the discretion of the
30 court. In considering whether to grant the petition for
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1 expungement, the court shall consider all relevant
2 factors, including any reasons the Commonwealth may give
3 for wishing to retain the records; the petitioner's age,
4 criminal record and employment history; the length of
5 time that has elapsed between the arrest and the petition
6 to expunge; and the specific adverse consequences the
7 petitioner may endure should expunction be denied.
8 INFORMATION, PETITIONS THE COURT FOR THE EXPUNGEMENT OF A <--
9 SUMMARY OFFENSE AND HAS BEEN FREE OF ARREST OR
10 PROSECUTION FOR FIVE YEARS FOLLOWING THE CONVICTION FOR
11 THAT OFFENSE.
12 (II) EXPUNGEMENT UNDER THIS PARAGRAPH SHALL ONLY BE
13 PERMITTED FOR A CONVICTION OF A SUMMARY OFFENSE.
14 (b.1) Prohibition.--A court shall not have the authority to
15 order expungement of the defendant's arrest record where the
16 defendant was placed on Accelerated Rehabilitative Disposition
17 for a violation of any offense set forth in any of the following
18 where the victim is under 18 years of age:
19 Section 3121 (relating to rape).
20 Section 3122.1 (relating to statutory sexual assault).
21 Section 3123 (relating to involuntary deviate sexual
22 intercourse).
23 Section 3124.1 (relating to sexual assault).
24 Section 3125 (relating to aggravated indecent assault).
25 Section 3126 (relating to indecent assault).
26 Section 3127 (relating to indecent exposure).
27 Section 5902(b) (relating to prostitution and related
28 offenses).
29 Section 5903 (relating to obscene and other sexual
30 materials and performances).
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1 (c) Maintenance of certain information required or
2 authorized.--Notwithstanding any other provision of this
3 chapter, the following apply: <--
4 (1) The prosecuting attorney and the central repository
5 CHAPTER, THE PROSECUTING ATTORNEY AND THE CENTRAL REPOSITORY <--
6 shall, and the court may, maintain a list of the names and
7 other criminal history record information of persons whose
8 records are required by law or court rule to be expunged
9 where the individual has successfully completed the
10 conditions of any pretrial or post-trial diversion or
11 probation program OR WHERE THE COURT HAS ORDERED EXPUNGEMENT <--
12 UNDER THIS SECTION. Such information shall be used solely for
13 the purpose of determining subsequent eligibility for such <--
14 programs and for identifying persons in criminal
15 investigations. Criminal history record information may be
16 expunged as provided in subsection (b)(1) and (2). [Such
17 information]
18 (2) The central repository shall maintain the name,
19 identifying information, fingerprints and offense record of a
20 person whose records are expunged under subsection(b)(3).
21 Information under this paragraph may be used in consideration
22 for a pardon and shall be admissible in court solely for the
23 following purposes:
24 (i) Grading a subsequent offense which is dependent
25 upon a prior conviction.
26 (ii) Sentencing for a subsequent offense if a prior
27 conviction might result in a prior record score under 204
28 Pa. Code Ch. 303 (relating to sentencing guidelines).
29 (iii) Identifying a person in a criminal
30 investigation.
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1 (iv) Eligibility for a pretrial or post-trial
2 diversion or probation program.
3 (3) Information under this subsection shall be made
4 available to any court or law enforcement agency upon request
5 indicating the purpose for use.
6 (d) Notice of expungement.--[Notice of expungement shall
7 promptly be submitted to the central respository which shall
8 notify all criminal justice agencies which have received the
9 criminal history record information to be expunged.]
10 (1) A court's expungement order shall direct the
11 appropriate repositories of criminal history record
12 information to do all of the following:
13 (i) Expunge and destroy the criminal history record
14 information.
15 (ii) Request that a Federal, state or local agency
16 to which the criminal history record information has been
17 made available return the criminal history record
18 information if possible.
19 (iii) Destroy criminal history record information
20 returned under subparagraph (ii).
21 (iv) File with the court, within 30 days, the
22 expungement order and an affidavit of compliance with the
23 expungement order. No copy of the expungement order or
24 the affidavit may be retained by the repository.
25 (2) Upon receipt of the affidavit under paragraph
26 (1)(iv), the court shall seal the expungement order and the
27 affidavit. Except for enforcement of this subsection, a
28 document sealed under this paragraph may not be examined by
29 any person or agency.
30 (e) Public records.--[Public]
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1 (1) Except as set forth in paragraph (2), public records
2 listed in section 9104(a) (relating to scope) shall not be
3 expunged.
4 (2) Paragraph (1) does not apply to a document listed in
5 section 9104(a)(2). This paragraph includes a court docket.
6 (f) District attorney's notice.--The court shall give [ten]
7 20 days prior notice to the district attorney of the county
8 where the original charge was filed of any applications for
9 expungement under the provisions of subsection (a)(2) or (b)(3).
10 (g) Status.--
11 (1) Except as set forth in subsection (c) or (d)(2), an
12 expunged record of arrest, prosecution or conviction shall
13 not be regarded as an arrest, prosecution or conviction for a
14 public or private purpose. This paragraph includes the
15 purpose of any statute, regulation, license, questionnaire,
16 employment application or civil or criminal proceeding.
17 (2) A person may not knowingly disclose criminal history
18 record information which is subject to an expungement order.
19 A person that violates this paragraph commits a summary
20 offense.
21 Section 2. Section 9123(a) of Title 18 is amended to read:
22 § 9123. Juvenile records.
23 (a) Expungement of juvenile records.--Notwithstanding the
24 provisions of section 9105 (relating to other criminal justice
25 information) and except upon cause shown, expungement of records
26 of juvenile delinquency cases and cases involving summary
27 offenses committed while the individual was under 18 years of
28 age, wherever kept or retained, shall occur after 30 days'
29 notice to the district attorney, whenever the court upon its
30 motion or upon the motion of a child or the parents or guardian
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1 finds:
2 (1) a complaint is filed which is not substantiated or
3 the petition which is filed as a result of a complaint is
4 dismissed by the court;
5 (2) six months have elapsed since the final discharge of
6 the person from supervision under a consent decree and no
7 proceeding seeking adjudication or conviction is pending;
8 (2.1) the individual is 18 years of age or older and has
9 been convicted of a violation of section 6308 (relating to
10 purchase, consumption, possession or transportation of liquor
11 or malt or brewed beverages) which occurred while the
12 individual was under 18 years of age and the individual has
13 satisfied all terms and conditions of the sentence imposed
14 for the violation, including any suspension of operating
15 privileges imposed pursuant to section 6310.4 (relating to
16 restriction of operating privileges). Expungement shall
17 include all criminal history record information and all
18 administrative records of the Department of Transportation
19 relating to the conviction;
20 (2.2) the individual is 18 years of age or older and the
21 individual has satisfied all terms and conditions of the
22 sentence imposed following a conviction for a summary
23 offense, with the exception of a violation of section 6308,
24 committed while the individual was under 18 years of age and
25 the individual has not been convicted of a felony,
26 misdemeanor or adjudicated delinquent and no proceeding is
27 pending seeking such conviction or adjudication;
28 (3) five years have elapsed since the final discharge of
29 the person from commitment, placement, probation or any other
30 disposition and referral and since such final discharge, the
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