PRINTER'S NO. 2002
No. 1582 Session of 2003
INTRODUCED BY KIRKLAND, FABRIZIO, GEORGE, WATERS, LAUGHLIN,
McILHATTAN, CREIGHTON, FRANKEL, LEACH, ROEBUCK, WHEATLEY,
WASHINGTON, BISHOP, CURRY, JOSEPHS, MYERS AND YOUNGBLOOD,
JUNE 11, 2003
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 11, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for expungement of
3 criminal history record information.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 9122 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 9122. Expungement.
9 (a) Specific proceedings.--Criminal history record
10 information shall be expunged in a specific criminal proceeding
11 when:
12 (1) no disposition has been received or, upon request
13 for criminal history record information, no disposition has
14 been recorded in the repository within 18 months after the
15 date of arrest and the court of proper jurisdiction certifies
16 to the director of the repository that no disposition is
17 available and no action is pending. Expungement shall not
1 occur until the certification from the court is received and
2 the director of the repository authorizes such expungement;
3 or
4 (2) a court order requires that such nonconviction data
5 be expunged.
6 (b) Generally.--Criminal history record information may be
7 expunged when:
8 (1) an individual who is the subject of the information
9 reaches 70 years of age and has been free of arrest or
10 prosecution for ten years following final release from
11 confinement or supervision; [or]
12 (2) an individual who is the subject of the information
13 has been dead for three years[.]; or
14 (3) an individual who was adjudicated delinquent or
15 convicted and is the subject of the information reaches 18
16 years of age and can satisfactorily demonstrate all of the
17 following:
18 (i) The individual has never been convicted of a
19 sexual assault under section 3124.1 (relating to sexual
20 assault), a crime that endangered the public, a violent
21 criminal offense or a crime that carries a punishment of
22 life imprisonment. As used in this subparagraph, the term
23 "violent criminal offense" means a misdemeanor or felony
24 that has as an element of the offense the use of a weapon
25 or violence in its commission.
26 (ii) At least 18 months have elapsed since the
27 individual was released from court jurisdiction and the
28 individual has not subsequently been adjudicated
29 delinquent or convicted as an adult of any felony or
30 misdemeanor other than a minor traffic violation.
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1 (iii) The individual has been of good behavior since
2 the adjudication verified by an affidavit by the
3 individual.
4 (iv) Two persons not related to the individual or
5 each other by blood or marriage know the character and
6 reputation of the individual in the community in which
7 the individual lives and that the individual's character
8 and reputation are upstanding verified by an affidavit
9 from each person.
10 (b.1) Prohibition.--A court shall not have the authority to
11 order expungement of the defendant's arrest record where the
12 defendant was placed on Accelerated Rehabilitative Disposition
13 for a violation of any offense set forth in any of the following
14 where the victim is under 18 years of age:
15 Section 3121 (relating to rape).
16 Section 3122.1 (relating to statutory sexual assault).
17 Section 3123 (relating to involuntary deviate sexual
18 intercourse).
19 Section 3124.1 (relating to sexual assault).
20 Section 3125 (relating to aggravated indecent assault).
21 Section 3126 (relating to indecent assault).
22 Section 5902(b) (relating to prostitution and related
23 offenses).
24 Section 5903 (relating to obscene and other sexual
25 materials and performances).
26 (c) Maintenance of certain information required or
27 authorized.--Notwithstanding any other provision of this
28 chapter, the prosecuting attorney and the central repository
29 shall, and the court may, maintain a list of the names and other
30 criminal history record information of persons whose records are
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1 required by law or court rule to be expunged where the
2 individual has successfully completed the conditions of any
3 pretrial or post-trial diversion or probation program. Such
4 information shall be used solely for the purpose of determining
5 subsequent eligibility for such programs and for identifying
6 persons in criminal investigations. Criminal history record
7 information may be expunged as provided in subsection [(b)(1)
8 and (2)] (b). Such information shall be made available to any
9 court or law enforcement agency upon request.
10 (d) Notice of expungement.--Notice of expungement shall
11 promptly be submitted to the central respository which shall
12 notify all criminal justice agencies which have received the
13 criminal history record information to be expunged.
14 (e) Public records.--Public records listed in section
15 9104(a) (relating to scope) shall not be expunged.
16 (f) District attorney's notice.--The court shall give ten
17 days prior notice to the district attorney of the county where
18 the original charge was filed of any applications for
19 expungement under the provisions of subsection (a)(2).
20 (g) Violation.--Any individual, other than the applicant,
21 who knows or should have known that a conviction was expunged
22 under subsection (b)(3) and divulges, uses or publishes
23 information concerning the expungement under this section
24 commits a misdemeanor punishable by imprisonment for not more
25 than 90 days or a fine of not more than $500, or both.
26 (h) Limitation.--An individual may have only one conviction
27 expunged under subsection (b)(3).
28 Section 2. This act shall take effect in 60 days.
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