PRINTER'S NO. 1146
No. 959 Session of 2001
INTRODUCED BY WILLIAMS, HELFRICK AND BODACK, JUNE 11, 2001
REFERRED TO JUDICIARY, JUNE 11, 2001
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
17 has been dead for three years[.]; or
18 (3) an individual who is the subject of the information
1 can satisfactorily demonstrate all of the following:
2 (i) The individual has never been convicted of a
3 violent criminal offense. The term violent criminal
4 offense means a misdemeanor or felony that has as an
5 element of the offense the use of a weapon or violence in
6 its commission and did actually involve violence in its
7 commission.
8 (ii) The individual has remained free from
9 dependency on or abuse of alcohol or a controlled
10 substance for at least one year.
11 (iii) The individual has obtained a high school
12 diploma or completed a high school equivalency program.
13 (iv) The individual has completed at least one year
14 of court-ordered community service.
15 * * *
16 (f) District attorney's notice.--The court shall give ten
17 days prior notice to the district attorney of the county where
18 the original charge was filed of any applications for
19 expungement under the provisions of subsection (a)(2) or (3).
20 Section 2. This act shall take effect in 60 days.
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