Posted: | March 13, 2013 04:30 PM |
---|---|
From: | Representative Ronald G. Waters |
To: | All House members |
Subject: | Expungement of Record for Wrongfully Convicted (Former HB1401) |
Amends Title 18 (Crimes and Offenses) defining "exoneration" and further defining "expunge" to include the removal, destruction or erasure of records posses by the commonwealth or a political subdivision, including fingerprints, photos, and data for the crime for which the defendant has been conclusively proven to be innocent. The bill further provides for expungement by stating arrest data would be expunged when a person 18 years of age or older who has been convicted of a crime and is later exonerated has petitioned the court of common pleas having jurisdiction over the conviction seeking expungement. Upon review of the petition, the court may order the expungement of all criminal history record information and all administrative records relating to the conviction. The following shall trigger automatic expungement when occurring as a result of the presentation of DNA evidence: a reversal or vacation of a conviction; a withdrawal of a guilty, no contest or nolo contendere plea; a dismissal of information or indictment; and a retrial where the defendant was found not guilty.
|
Introduced as HB2330