PRIOR PRINTER'S NOS. 1948, 3587 PRINTER'S NO. 4392
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
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, SEPTEMBER 22, 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(b) 9122(A)(3), (B), (b.1), (c), (d), <-- 7 (e) and (f) of Title 18 of the Pennsylvania Consolidated 8 Statutes are amended and the section is amended by adding a 9 subsection to read: 10 § 9122. Expungement. 11 * * * <-- 12 (A) SPECIFIC PROCEEDINGS.--CRIMINAL HISTORY RECORD <-- 13 INFORMATION SHALL BE EXPUNGED IN A SPECIFIC CRIMINAL PROCEEDING 14 WHEN: 15 * * * 16 (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 (b) Generally.--Criminal history record information may be 15 expunged when: 16 (1) [an] An individual who is the subject of the 17 information reaches 70 years of age and has been free of 18 arrest or prosecution for ten years following final release 19 from confinement or supervision[; or]. 20 (2) [an] An individual who is the subject of the 21 information has been dead for three years. 22 (3) (i) An individual who is the subject of the 23 information petitions for expungement of the information 24 and the individual has been free of arrest or prosecution 25 following final release from confinement or supervision 26 for the greater of the following time periods: 27 (A) In the case of a summary offense, five 28 years. 29 (B) In the case of a misdemeanor of the third 30 degree, seven years. 20070H1543B4392 - 2 -
1 (C) In the case of a misdemeanor of the second 2 degree, ten years. 3 (ii) This paragraph shall not apply to any 4 individual who has been convicted of: 5 (A) An offense punishable by imprisonment of 6 more than two years. 7 (B) Four or more offenses punishable by 8 imprisonment of one or more years. 9 (C) A violation of section 2701 (relating to 10 simple assault). 11 (D) An offense classified as a misdemeanor of 12 the second degree committed when the individual was 13 at least 25 years of age. 14 (E) A violation of section 3126 (relating to 15 indecent assault). 16 (F) A violation of section 3129 (relating to 17 sexual intercourse with animal). 18 (G) A violation of section 5511 (relating to 19 cruelty to animals). 20 (H) A violation of any provision of Chapter 61 21 (relating to firearms and other dangerous articles). 22 (I) A violation of an offense for which 23 registration is required under 42 Pa.C.S. § 9795.1 24 (relating to registration). 25 (iii) Expungment shall be at the discretion of the 26 court. In considering whether to grant the petition for 27 expungement, the court shall consider all relevant 28 factors, including any reasons the Commonwealth may give 29 for wishing to retain the records; the petitioner's age, 30 criminal record and employment history; the length of 20070H1543B4392 - 3 -
1 time that has elapsed between the arrest and the petition 2 to expunge; and the specific adverse consequences the 3 petitioner may endure should expunction be denied. 4 (b.1) Prohibition.--A court shall not have the authority to 5 order expungement of the defendant's arrest record where the 6 defendant was placed on Accelerated Rehabilitative Disposition 7 for a violation of any offense set forth in any of the following 8 where the victim is under 18 years of age: 9 Section 3121 (relating to rape). 10 Section 3122.1 (relating to statutory sexual assault). 11 Section 3123 (relating to involuntary deviate sexual 12 intercourse). 13 Section 3124.1 (relating to sexual assault). 14 Section 3125 (relating to aggravated indecent assault). 15 Section 3126 (relating to indecent assault). 16 Section 3127 (relating to indecent exposure). 17 Section 5902(b) (relating to prostitution and related 18 offenses). 19 Section 5903 (relating to obscene and other sexual 20 materials and performances). 21 (c) Maintenance of certain information required or 22 authorized.--Notwithstanding any other provision of this 23 chapter, the following apply: 24 (1) The prosecuting attorney and the central repository 25 shall, and the court may, maintain a list of the names and 26 other criminal history record information of persons whose 27 records are required by law or court rule to be expunged 28 where the individual has successfully completed the 29 conditions of any pretrial or post-trial diversion or 30 probation program. Such information shall be used solely for 20070H1543B4392 - 4 -
1 the purpose of determining subsequent eligibility for such 2 programs and for identifying persons in criminal 3 investigations. Criminal history record information may be 4 expunged as provided in subsection (b)(1) and (2). [Such 5 information] 6 (2) The central repository shall maintain the name, 7 identifying information, fingerprints and offense record of a 8 person whose records are expunged under subsection(b)(3). 9 Information under this paragraph may be used in consideration 10 for a pardon and shall be admissible in court solely for the 11 following purposes: 12 (i) Grading a subsequent offense which is dependent 13 upon a prior conviction. 14 (ii) Sentencing for a subsequent offense if a prior 15 conviction might result in a prior record score under 204 16 Pa. Code Ch. 303 (relating to sentencing guidelines). 17 (iii) Identifying a person in a criminal 18 investigation. 19 (iv) Eligibility for a pretrial or post-trial 20 diversion or probation program. 21 (3) Information under this subsection shall be made 22 available to any court or law enforcement agency upon request 23 indicating the purpose for use. 24 (d) Notice of expungement.--[Notice of expungement shall 25 promptly be submitted to the central respository which shall 26 notify all criminal justice agencies which have received the 27 criminal history record information to be expunged.] 28 (1) A court's expungement order shall direct the 29 appropriate repositories of criminal history record 30 information to do all of the following: 20070H1543B4392 - 5 -
1 (i) Expunge and destroy the criminal history record 2 information. 3 (ii) Request that a Federal, state or local agency 4 to which the criminal history record information has been 5 made available return the criminal history record 6 information if possible. 7 (iii) Destroy criminal history record information 8 returned under subparagraph (ii). 9 (iv) File with the court, within 30 days, the 10 expungement order and an affidavit of compliance with the 11 expungement order. No copy of the expungement order or 12 the affidavit may be retained by the repository. 13 (2) Upon receipt of the affidavit under paragraph 14 (1)(iv), the court shall seal the expungement order and the 15 affidavit. Except for enforcement of this subsection, a 16 document sealed under this paragraph may not be examined by 17 any person or agency. 18 (e) Public records.--[Public] 19 (1) Except as set forth in paragraph (2), public records 20 listed in section 9104(a) (relating to scope) shall not be 21 expunged. 22 (2) Paragraph (1) does not apply to a document listed in 23 section 9104(a)(2). This paragraph includes a court docket. 24 (f) District attorney's notice.--The court shall give [ten] 25 20 days prior notice to the district attorney of the county 26 where the original charge was filed of any applications for 27 expungement under the provisions of subsection (a)(2) or (b)(3). 28 (g) Status.-- 29 (1) Except as set forth in subsection (c) or (d)(2), an 30 expunged record of arrest, prosecution or conviction shall 20070H1543B4392 - 6 -
1 not be regarded as an arrest, prosecution or conviction for a 2 public or private purpose. This paragraph includes the 3 purpose of any statute, regulation, license, questionnaire, 4 employment application or civil or criminal proceeding. 5 (2) A person may not knowingly disclose criminal history 6 record information which is subject to an expungement order. 7 A person that violates this paragraph commits a summary 8 offense. 9 SECTION 2. SECTION 9123(A) OF TITLE 18 IS AMENDED TO READ: <-- 10 § 9123. JUVENILE RECORDS. 11 (A) EXPUNGEMENT OF JUVENILE RECORDS.--NOTWITHSTANDING THE 12 PROVISIONS OF SECTION 9105 (RELATING TO OTHER CRIMINAL JUSTICE 13 INFORMATION) AND EXCEPT UPON CAUSE SHOWN, EXPUNGEMENT OF RECORDS 14 OF JUVENILE DELINQUENCY CASES AND CASES INVOLVING SUMMARY 15 OFFENSES COMMITTED WHILE THE INDIVIDUAL WAS UNDER 18 YEARS OF 16 AGE, WHEREVER KEPT OR RETAINED, SHALL OCCUR AFTER 30 DAYS' 17 NOTICE TO THE DISTRICT ATTORNEY, WHENEVER THE COURT UPON ITS 18 MOTION OR UPON THE MOTION OF A CHILD OR THE PARENTS OR GUARDIAN 19 FINDS: 20 (1) A COMPLAINT IS FILED WHICH IS NOT SUBSTANTIATED OR 21 THE PETITION WHICH IS FILED AS A RESULT OF A COMPLAINT IS 22 DISMISSED BY THE COURT; 23 (2) SIX MONTHS HAVE ELAPSED SINCE THE FINAL DISCHARGE OF 24 THE PERSON FROM SUPERVISION UNDER A CONSENT DECREE AND NO 25 PROCEEDING SEEKING ADJUDICATION OR CONVICTION IS PENDING; 26 (2.1) THE INDIVIDUAL IS 18 YEARS OF AGE OR OLDER AND HAS 27 BEEN CONVICTED OF A VIOLATION OF SECTION 6308 (RELATING TO 28 PURCHASE, CONSUMPTION, POSSESSION OR TRANSPORTATION OF LIQUOR 29 OR MALT OR BREWED BEVERAGES) WHICH OCCURRED WHILE THE 30 INDIVIDUAL WAS UNDER 18 YEARS OF AGE AND THE INDIVIDUAL HAS 20070H1543B4392 - 7 -
1 SATISFIED ALL TERMS AND CONDITIONS OF THE SENTENCE IMPOSED 2 FOR THE VIOLATION, INCLUDING ANY SUSPENSION OF OPERATING 3 PRIVILEGES IMPOSED PURSUANT TO SECTION 6310.4 (RELATING TO 4 RESTRICTION OF OPERATING PRIVILEGES). EXPUNGEMENT SHALL 5 INCLUDE ALL CRIMINAL HISTORY RECORD INFORMATION AND ALL 6 ADMINISTRATIVE RECORDS OF THE DEPARTMENT OF TRANSPORTATION 7 RELATING TO THE CONVICTION; 8 (2.2) THE INDIVIDUAL IS 18 YEARS OF AGE OR OLDER AND THE 9 INDIVIDUAL HAS SATISFIED ALL TERMS AND CONDITIONS OF THE 10 SENTENCE IMPOSED FOLLOWING A CONVICTION FOR A SUMMARY 11 OFFENSE, WITH THE EXCEPTION OF A VIOLATION OF SECTION 6308, 12 COMMITTED WHILE THE INDIVIDUAL WAS UNDER 18 YEARS OF AGE AND 13 THE INDIVIDUAL HAS NOT BEEN CONVICTED OF A FELONY, 14 MISDEMEANOR OR ADJUDICATED DELINQUENT AND NO PROCEEDING IS 15 PENDING SEEKING SUCH CONVICTION OR ADJUDICATION; 16 (3) FIVE YEARS HAVE ELAPSED SINCE THE FINAL DISCHARGE OF 17 THE PERSON FROM COMMITMENT, PLACEMENT, PROBATION OR ANY OTHER 18 DISPOSITION AND REFERRAL AND SINCE SUCH FINAL DISCHARGE, THE 19 PERSON HAS NOT BEEN CONVICTED OF A FELONY, MISDEMEANOR OR 20 ADJUDICATED DELINQUENT AND NO PROCEEDING IS PENDING SEEKING 21 SUCH CONVICTION OR ADJUDICATION; OR 22 (4) THE INDIVIDUAL IS [18] 17 YEARS OF AGE OR OLDER, THE 23 ATTORNEY FOR THE COMMONWEALTH CONSENTS TO THE EXPUNGEMENT AND 24 A COURT ORDERS THE EXPUNGEMENT AFTER GIVING CONSIDERATION TO 25 THE FOLLOWING FACTORS: 26 (I) THE TYPE OF OFFENSE; 27 (II) THE INDIVIDUAL'S AGE, HISTORY OF EMPLOYMENT, 28 CRIMINAL ACTIVITY AND DRUG OR ALCOHOL PROBLEMS; 29 (III) ADVERSE CONSEQUENCES THAT THE INDIVIDUAL MAY 30 SUFFER IF THE RECORDS ARE NOT EXPUNGED; AND 20070H1543B4392 - 8 -
1 (IV) WHETHER RETENTION OF THE RECORD IS REQUIRED FOR 2 PURPOSES OF PROTECTION OF THE PUBLIC SAFETY. 3 * * * 4 Section 2 3. This act shall take effect in 60 days JULY 1, <-- 5 2009. E16L18DMS/20070H1543B4392 - 9 -