| PRINTER'S NO. 3237 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 675 | Session of 2014 |
INTRODUCED BY V. BROWN, SIMMONS, BISHOP, CUTLER, KINSEY, DENLINGER, GINGRICH, SCHLOSSBERG, BROWNLEE, COHEN, CLAY, NEILSON, GODSHALL, WATERS, MCNEILL, KIRKLAND, HARHART, THOMAS, FRANKEL, PARKER, GIBBONS, KIM, MATZIE, DAVIS, SCHREIBER, WATSON, TOOHIL, M. DALEY, McGEEHAN, DAVIDSON, READSHAW, YOUNGBLOOD, CALTAGIRONE, MIRANDA, SACCONE, GAINEY, HARKINS, STERN, PAINTER AND SIMS, MARCH 25, 2014
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 25, 2014
AN ACT
1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for expungement.
3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:
5Section 1. Section 9122(b) of Title 18 of the Pennsylvania
6Consolidated Statutes is amended to read:
7§ 9122. Expungement.
8* * *
9(b) Generally.--Criminal history record information may be
10expunged when:
11(1) An individual who is the subject of the information
12reaches 70 years of age and has been free of arrest or
13prosecution for ten years following final release from
14confinement or supervision.
15(2) An individual who is the subject of the information
1has been dead for three years.
2(3) (i) An individual who is the subject of the
3information petitions the court for the expungement of a
4summary offense and has been free of arrest or
5prosecution for five years following the conviction for
6that offense.
7(ii) Expungement under this paragraph shall only be
8permitted for a conviction of a summary offense.
9(4) (i) An individual who is the subject of the
10information has been successfully granted an
11unconditional executive pardon by the Governor and
12petitions the court for the expungement of the offense
13for which he or she is pardoned.
14(ii) During an instance when a person receives a
15conditional executive pardon by the Governor, the terms
16of which may preclude the complete expungement of the
17individual's criminal record, all records shall be
18expunged with the exception of records collected,
19maintained and disseminated by the Pennsylvania State
20Police. The information contained in a record collected
21and maintained by the Pennsylvania State Police shall
22only be disseminated, upon request, to a criminal justice
23agency, as defined in § 9102 (relating to definitions),
24in a subsequent criminal proceeding involving a recipient
25of a conditional executive pardon that has violated an
26applicable term and condition.
27* * *
28Section 2. This act shall take effect in 60 days.