PRINTER'S NO. 1957
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1540
Session of
2019
INTRODUCED BY HARRIS, JUNE 3, 2019
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 3, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal history record
information, further providing for petition for limited
access and for clean slate limited access.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 9122.1(a) and 9122.2(a)(1) and (3) of
Title 18 of the Pennsylvania Consolidated Statutes, amended or
added June 28, 2018 (P.L.402, No.56), are amended to read:
§ 9122.1. Petition for limited access.
(a) General rule.--Subject to the exceptions in subsection
(b) and notwithstanding any other provision of this chapter,
upon petition of a person who has been free from conviction for
a period of 10 years for an offense punishable by one or more
years in prison and has completed [each court-ordered financial
obligation of the sentence] payment of all court-ordered
restitution, the court of common pleas in the jurisdiction where
a conviction occurred may enter an order that criminal history
record information maintained by a criminal justice agency
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pertaining to a qualifying misdemeanor or an ungraded offense
which carries a maximum penalty of no more than five years be
disseminated only to a criminal justice agency or as provided in
section 9121(b.1) and (b.2) (relating to general regulations).
* * *
§ 9122.2. Clean slate limited access.
(a) General rule.--The following shall be subject to limited
access:
(1) Subject to the exceptions under section 9122.3
(relating to exceptions) or if a court has vacated an order
for limited access under section 9122.4 (relating to order to
vacate order for limited access), criminal history record
information pertaining to a conviction of a misdemeanor of
the second degree, a misdemeanor of the third degree or a
misdemeanor offense punishable by imprisonment of no more
than two years if a person has been free for 10 years from
conviction for any offense punishable by imprisonment of one
or more years and if [completion of each court-ordered
financial obligation of the sentence] payment of all court-
ordered restitution has occurred.
* * *
(3) Criminal history record information pertaining to a
conviction for a summary offense when 10 years have elapsed
since entry of the judgment of conviction and [completion of
all court-ordered financial obligations of the sentence]
payment of all court-ordered restitution has occurred.
* * *
Section 2. This act shall take effect in 60 days.
20190HB1540PN1957 - 2 -
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