1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, further providing for general regulations
4concerning criminal history records; and providing for an
5expungement fee.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Section 9122(b) and (c) of Title 18 of the
9Pennsylvania Consolidated Statutes are amended and the section
10is amended by adding a subsection to read:

11§ 9122. Expungement.

12* * *

13(b) Generally.--Criminal history record information may be
14expunged when:

15(1) An individual who is the subject of the information
16reaches 70 years of age and has been free of arrest or
17prosecution for ten years following final release from
18confinement or supervision.

1(2) An individual who is the subject of the information
2has been dead for three years.

3(3) (i) An individual who is the subject of the
4information petitions the court for the expungement of a
5summary offense and has been free of arrest or
6prosecution for five years following the conviction for
7that offense.

8(ii) Expungement under this paragraph shall only be
9permitted for a conviction of a summary offense.

10(4) (i) An individual who is the subject of the
11information petitions the court for expungement of a
12criminal history record pertaining to a conviction for a
13misdemeanor of the third degree or an unclassified
14misdemeanor punishable by imprisonment for not more than
15one year, and the individual has been free of arrest or
16prosecution following final release from confinement or
17supervision for seven years. This paragraph shall not
18apply to an individual who has been convicted at any time
19of:

20(A) An offense punishable by imprisonment of
21more than two years.

22(B) Four or more offenses punishable by
23imprisonment of one or more years.

24(C) A violation of section 2701 (relating to
25simple assault).

26(D) An offense classified as a misdemeanor of
27the second degree committed when the individual was
28at least 25 years of age.

29(E) An offense under section 3129 (relating to
30sexual intercourse with animal).

1(F) An offense under Ch. 49 (relating to
2falsification and intimidation).

3(G) An offense under Ch. 51 (relating to
4obstructing governmental operations).

5(H) An offense requiring registration under 42
6Pa.C.S. Ch. 97 Subch. H (relating to registration of
7sexual offenders).

8(ii) Expungment shall be at the discretion of the
9court. In considering whether to grant the petition for
10expungement, the court shall consider all relevant
11factors, such as the following:

12(A) Any reason the Commonwealth may give for
13wishing to retain the records.

14(B) The petitioner's age, criminal record and
15employment history.

16(C) The length of time that has elapsed between
17the arrest and the petition to expunge.

18(D) The specific adverse consequences the
19petitioner may endure if expunction is denied.

20* * *

21(c) Maintenance of certain information required or
22authorized.--Notwithstanding any other provision of this
23chapter, the following shall apply:

24(1) The prosecuting attorney and the central repository
25shall, and the court may, maintain a list of the names and
26other criminal history record information of persons whose
27records are required by law or court rule to be expunged
28where the individual has successfully completed the
29conditions of any pretrial or post-trial diversion or
30probation program or where the court has ordered expungement

1under [this section] subsection (b)(1), (2) or (3). Such
2information shall be used solely for the purposes of
3determining subsequent eligibility for such programs,
4identifying persons in criminal investigations or determining
5the grading of subsequent offenses. Such information shall be
6made available to any court or law enforcement agency upon
7request.

8(2) (i) The prosecuting attorney and the central
9repository shall, and the court may, maintain a criminal
10history record including the name, identifying
11information, fingerprints and offense record of a person
12whose records are expunged under subsection (b)(4). The
13expunged information may be used in consideration for a
14pardon and shall be available and admissible to the same
15extent as a record of the conviction would be in a
16criminal or juvenile delinquency investigation or
17proceeding, such as the following:

18(A) Grading a subsequent offense which is
19dependent upon a prior conviction.

20(B) Sentencing for a subsequent offense if a
21prior conviction might result in a prior record score
22under 204 Pa. Code Ch. 303 (relating to sentencing
23guidelines).

24(C) Identifying a person in a criminal
25investigation.

26(D) Eligibility for a pretrial or posttrial
27diversion or probation program.

28(E) Bail determination and other pretrial
29hearings and proceedings.

30(F) Pretrial, trial and posttrial hearings and

1proceedings.

2(G) Sentencing and presentence investigations.

3(H) Postconviction relief proceedings.

4(ii) Information under this subsection must be made
5available to a court or law enforcement agency upon
6request.

7* * *

8(g) Disclosure prohibited.--Except as provided under
9subsection (c), an individual, entity or public or private
10agency may not request or require disclosure from an individual
11any information concerning the person's criminal history record
12that has been expunged under this section or pursuant to any
13law, court order or rule of criminal or juvenile procedure.

14Section 2. Title 42 is amended by adding a section to read:

15§ 1725.7. Expungement fee.

16(a) Requirement.--In addition to any other fee authorized by
17law, a person who is filing a petition for expungement under 18
18Pa.C.S. § 9122 (relating to expungement) or 9122.1 (relating to
19order for limited access) shall pay a fee of $100 to the clerk
20of courts at the time the petition is filed.

21(b) Distribution.--The clerk of courts shall ensure that the
22fee is distributed as follows:

23(1) One-third to the Administrative Office of
24Pennsylvania Courts.

25(2) One-third to the Pennsylvania State Police.

26(3) One-third to the district attorney of the county.

27Section 3. This act shall take effect in 60 days.