PRINTER'S NO. 2423
No. 1960 Session of 1977
INTRODUCED BY HELFRICK, SCIRICA, RHODES, THOMAS, WAGNER,
SPENCER, SIRIANNI, LEVI, MANMILLER, KELLY, ARMSTRONG, WENGER,
MACKOWSKI, O'CONNELL, LINCOLN, IRVIS, BARBER, DUMAS, WHITE,
RICHARDSON, WILSON, CESSAR, BERSON, GREENLEAF, RYAN,
SALVATORE, BUTERA AND E. Z. TAYLOR, DECEMBER 8, 1977
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 8, 1977
AN ACT
1 Amending the act of December 6, 1972 (P.L.1464, No.333),
2 entitled "An act relating to the care, guidance, control,
3 trial, placement and commitment of delinquent and deprived
4 children," providing for the expunging of law enforcement
5 records.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The act of December 6, 1972 (P.L.1464, No.333),
9 known as the "Juvenile Act," is amended by adding a section to
10 read:
11 Section 38.1. Expunging Records.--(a) Any person who has
12 been adjudicated a delinquent child may apply to the court for
13 an expungement of his law enforcement records. The court may, on
14 its own motion, initiate expungement proceedings.
15 (b) Such application shall be filed no sooner than two years
16 after his unconditional discharge from custody, protective
17 supervision or probation.
18 (c) Notice of the hearing on such application shall be given
1 to the prosecuting attorney.
2 (d) If the court finds that the rehabilitation of the person
3 has been attained to a satisfactory degree, the court may order
4 the law enforcement records sealed and the proceedings in such
5 case shall be deemed never to have occurred. All index
6 references shall be deleted and the person and the court may
7 properly reply that no record exists with respect to such person
8 upon any inquiry in the matter. Inspection of the records
9 included in the order may thereafter be permitted by the court
10 only upon application by the person who is the subject of the
11 records and only to such persons as are named in his
12 application.
13 (e) The judgment rendered by the court under this act shall
14 not impose any of the civil disabilities ordinarily imposed by
15 conviction of a crime in that the child is not a criminal by
16 reason of such adjudication, nor shall any child be charged or
17 convicted of a crime in any court except as provided by this
18 act. The disposition of a child under the judgment rendered or
19 any evidence given in court is not admissible as evidence
20 against the child in any other case or proceeding in any other
21 court, except that the judgment rendered and the disposition of
22 such child may be considered by any court only as to the matter
23 of sentence or to the granting of probation. Such disposition or
24 evidence shall not operate to disqualify a child in any future
25 civil service examination, appointment or application.
26 Section 2. This act shall take effect in 60 days.
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