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                                                      PRINTER'S NO. 2527

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2007 Session of 1999


        INTRODUCED BY BENNINGHOFF, BASTIAN, BELFANTI, CORRIGAN, CURRY,
           DAILEY, DeLUCA, DEMPSEY, FARGO, FRANKEL, GEIST, GIGLIOTTI,
           GODSHALL, HALUSKA, HARHAI, HENNESSEY, HERSHEY, HORSEY,
           JOSEPHS, MANDERINO, McILHATTAN, MELIO, MYERS, RAMOS,
           READSHAW, ROSS, SATHER, SEYFERT, B. SMITH, SOLOBAY, STABACK,
           STERN, E. Z. TAYLOR, THOMAS, TRELLO, WILT AND YOUNGBLOOD,
           OCTOBER 25, 1999

        REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 25, 1999

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for expungement of
     3     criminal history record information.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 9122(b) and (f) of Title 18 of the
     7  Pennsylvania Consolidated Statutes are amended to read:
     8  § 9122.  Expungement.
     9     * * *
    10     (b)  Generally.--Criminal history record information may be
    11  expunged when:
    12         (1)  an individual who is the subject of the information
    13     reaches 70 years of age and has been free of arrest or
    14     prosecution for ten years following final release from
    15     confinement or supervision; [or]
    16         (2)  an individual who is the subject of the information

     1     has been dead for three years[.]; or
     2         (3)  an individual who is the subject of the information
     3     can satisfactorily demonstrate all of the following:
     4             (i)  At least ten years have passed following final
     5         release from confinement or supervision.
     6             (ii)  The individual has been free from conviction
     7         for any offense graded as a misdemeanor in the preceding
     8         ten years.
     9             (iii)  The individual has never been convicted of or
    10         plead guilty to any offense graded as a felony.
    11     * * *
    12     (f)  District attorney's notice.--The court shall give ten
    13  days prior notice to the district attorney of the county where
    14  the original charge was filed of any applications for
    15  expungement under the provisions of subsection (a)(2) or (3).
    16     Section 2.  This act shall take effect in 60 days.










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