AN ACT

 

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

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. 9122(b) of Title 18 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 9122. Expungement.

9* * *

10(b) Generally.--Criminal history record information may be
11expunged when:

12(1) An individual who is the subject of the information
13reaches 70 years of age and has been free of arrest or
14prosecution for ten years following final release from
15confinement or supervision.

16(2) An individual who is the subject of the information
17has been dead for three years.

18(3) (i) An individual who is the subject of the

1information petitions the court for the expungement of a
2summary offense and has been free of arrest or
3prosecution for five years following the conviction for
4that offense.

5(ii) Expungement under this paragraph shall only be
6permitted for a conviction of a summary offense.

7(4) (i) An individual who is the subject of the
8information petitions the court for an expungement of a
9nonviolent offense as defined by this paragraph and that
10individual has been free from arrest or prosecution for
11at least five years, following the conviction for that
12offense.

13(ii) A nonviolent offense is a criminal offense
14graded as a felony or misdemeanor that is not a crime of
15violence under 42 Pa.C.S. § 9714(g) (relating to
16sentences for second and subsequent offenses) or a
17personal injury crime under section 103 of the act of
18November 24, 1998 (P.L.882, No.111), known as the Crime
19Victims Act. The term shall not include a criminal
20offense where the victim was a minor or an offense
21punishable under Chapter 63 (relating to minors).

22* * *

23Section 2. This act shall take effect in 60 days.