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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 1948, 3587, 4392         PRINTER'S NO. 4489

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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:
    20070H1543B4489                  - 2 -     

     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
    20070H1543B4489                  - 3 -     

     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).
    20070H1543B4489                  - 4 -     

     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.
    20070H1543B4489                  - 5 -     

     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]
    20070H1543B4489                  - 6 -     

     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
    20070H1543B4489                  - 7 -     

     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
    20070H1543B4489                  - 8 -     

     1     person has not been convicted of a felony, misdemeanor or
     2     adjudicated delinquent and no proceeding is pending seeking
     3     such conviction or adjudication; or
     4         (4)  the individual is [18] 17 years of age or older, the
     5     attorney for the Commonwealth consents to the expungement and
     6     a court orders the expungement after giving consideration to
     7     the following factors:
     8             (i)  the type of offense;
     9             (ii)  the individual's age, history of employment,
    10         criminal activity and drug or alcohol problems;
    11             (iii)  adverse consequences that the individual may
    12         suffer if the records are not expunged; and
    13             (iv)  whether retention of the record is required for
    14         purposes of protection of the public safety.
    15     * * *
    16     Section 3.  This act shall take effect July 1, 2009. THE       <--
    17  [PURPOSE] PURPOSES OF DETERMINING SUBSEQUENT ELIGIBILITY FOR
    18  SUCH PROGRAMS [AND FOR], IDENTIFYING PERSONS IN CRIMINAL
    19  INVESTIGATIONS[. CRIMINAL HISTORY RECORD INFORMATION MAY BE
    20  EXPUNGED AS PROVIDED IN SUBSECTION (B)(1) AND (2).] OR
    21  DETERMINING THE GRADING OF SUBSEQUENT OFFENSES. SUCH INFORMATION
    22  SHALL BE MADE AVAILABLE TO ANY COURT OR LAW ENFORCEMENT AGENCY
    23  UPON REQUEST.
    24     * * *
    25     SECTION 2.  THIS ACT SHALL TAKE EFFECT IN 60 DAYS.




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