Pennsylvania Consolidated Statutes Annotated Section 9122.1

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Full Pennsylvania Consolidated Statutes Annotated Section 9122.1

§ 9122.1. Order for limited access

(a) General rule.--The following shall apply:

(1) Notwithstanding any other provision of this chapter, upon petition of a person who has been free of arrest or prosecution following conviction or final release from confinement or supervision, whichever is later, for a period of 10 years, the court of common pleas in the jurisdiction where the conviction occurred may enter an order that criminal history record information maintained by any criminal justice agency pertaining to a conviction for a misdemeanor of the second degree, a misdemeanor of the third degree or an ungraded offense which carries a maximum penalty of no more than two years be disseminated only to a criminal justice agency or a government agency as provided in section 9121(b.1) and (b.2) (relating to general regulations).

(2) Except when requested or required by a criminal justice agency, or by and for the official use of a government agency described in section 9121(b.1) or 9124(a) (relating to use of records by licensing agencies), no individual shall be required nor requested to disclose information about the person’s criminal history records that are the subject of a court order for limited access granted under this section.

(b) Exceptions.--An order for limited access under this section shall not be granted to an individual who has been convicted at any time of any of the following:

(1) An offense punishable by imprisonment of more than two years.

(2) Four or more offenses punishable by imprisonment of one or more years.

(3) A violation of section 2701 (relating to simple assault), except when the offense is graded as a misdemeanor of the third degree.

(4) A violation of section 3129 (relating to sexual intercourse with animal).

(5) A violation of section 4912 (relating to impersonating a public servant).

(6) A violation of section 4952 (relating to intimidation of witnesses or victims).

(7) A violation of section 4953 (relating to retaliation against witness, victim or party).

(8) A violation of section 4958 (relating to intimidation, retaliation or obstruction in child abuse cases).

(9) An offense which requires registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).1

(c) Notice to district attorney.--The court shall provide notice of the filing of a petition under subsection (a) to the district attorney within 10 days. Within 30 days of receipt of notice, the district attorney may file objections to the petition. If no objection is timely filed, the court may grant the petition without further hearing if the requirements of this section have been met.

(d) Notice to central repository.--Notice of an order for limited access shall promptly be submitted to the central repository which shall notify all criminal justice agencies which have received criminal history record information related to such conviction that access to such criminal history record has been limited by order of the court.

Credits

2016, Feb. 16, P.L. 10, No. 5, § 2, effective in 270 days [Nov. 14, 2016].