THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SOLOBAY, BROWN, CALTAGIRONE, CARROLL, COHEN, CREIGHTON, DERMODY, GEORGE, GIBBONS, GOODMAN, HALUSKA, KILLION, KORTZ, KOTIK, KULA, MAHONEY, MELIO, MUNDY, M. O'BRIEN, SIPTROTH, THOMAS, WALKO, WANSACZ, WHITE AND GEIST, FEBRUARY 5, 2009

AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, JULY 6, 2009   

AN ACT

Amending Title Titles 18 (Crimes and Offenses) and 42 (Judiciary

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and Judicial Procedure) of the Pennsylvania Consolidated

Statutes, further providing for expungement of criminal

history record and for expungement fee.

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The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 9122(b) and (f) of Title 18 of the

Pennsylvania Consolidated Statutes, amended November 26, 2008

(P.L.1670, No.134), are amended to read:

§ 9122.  Expungement.

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(b)  Generally.--Criminal history record information may be

expunged when:

(1)  An individual who is the subject of the information

reaches 70 years of age and has been free of arrest or

prosecution for ten years following final release from

confinement or supervision.

(2)  Any individual who is the subject of the information

has been dead for three years.

(3)  (i)  An individual who is the subject of the

information, petitions the court for the expungement of a

summary offense and has been free of arrest or

prosecution for five years following the conviction for

that offense.

(ii)  Expungement under this paragraph shall only be

permitted for a conviction of a summary offense.

(4)  (i)  An individual who is the subject of the

information petitions for expungement of the information

and the individual has been free of arrest or prosecution

following final release from confinement or supervision

for the greater of the following time periods:

(A)  In the case of a misdemeanor of the third

degree, seven years.

(B)  In the case of a misdemeanor of the second

degree, ten years.

(ii)  This paragraph shall not apply to any

individual who has been convicted of:

(A)  An offense punishable by imprisonment of

more than two years.

(B)  Four or more offenses punishable by

imprisonment of one or more years.

(C)  A violation of section 2701 (relating to

simple assault).

(D)  An offense classified as a misdemeanor of

the second degree committed when the individual was

at least 25 years of age.

(E)  A violation of section 3126 (relating to

indecent assault).

(F)  A violation of section 3129 (relating to

sexual intercourse with animal).

(G)  A violation of section 5511 (relating to

cruelty to animals).

(H)  A violation of any provision of Chapter 61

(relating to firearms and other dangerous articles).

(I)  Any offense where an individual is required

to register pursuant to 42 Pa.C.S. § 9795.1 (relating

to registration).

(J)  A violation of 75 Pa.C.S. Ch. 38 (relating

to driving after imbibing alcohol or utilizing

drugs).

(K)  A violation of Pt. II, Art. B (relating to

offenses involving danger to the person) if the

victim was a law enforcement officer engaged in the

performance of duty and the perpetrator knew the

victim was a law enforcement officer at the time of

the offense.

(5)  Expungement under this section shall be at the

discretion of the court. In considering whether to grant the

petition for expungement, the court shall consider all

relevant factors, including all of the following:

(i)  The nature of the offense.

(ii)  The nature and disposition of any related

charges.

(iii)  The impact of the offense upon any victims of

the offense.

(iv)  Any reasons the Commonwealth may give for

wishing to retain the records.

(v)  The petitioner's age, criminal record and

employment history.

(vi)  The length of time that has elapsed between the

arrest and the petition to expunge.

(vii)  The specific adverse consequences the

petitioner may endure should expunction be denied.

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(f)  District attorney's notice.--The court shall give [ten

days] 30 days' prior notice to the district attorney of the

county where the original charge was filed of any applications

for expungement under the provisions of subsection (a)(2) or

(b).

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

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§ 1725.7.  Expungement fee.

In addition to any other fee authorized by law, a person who

is filing a petition for expungement under 18 Pa.C.S. § 9122

(relating to expungement), shall pay a fee of $100 to the clerk

of courts at the time the petition for expungement is filed. The

clerk of courts shall ensure that $50 of the expungement fee

shall be directed to the Administrative Office of Pennsylvania

Courts and that $50 of the fee shall be directed to the

Pennsylvania State Police.

Section 2 3.  This act shall take effect in 60 days.

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