PRINTER'S NO. 1229
No. 1053 Session of 2007
INTRODUCED BY McGEEHAN, BLACKWELL, BRENNAN, CALTAGIRONE, CARROLL, CONKLIN, CURRY, DALEY, FREEMAN, GODSHALL, HERSHEY, JAMES, JOSEPHS, KIRKLAND, KORTZ, KULA, LEACH, MAHONEY, MANDERINO, McILHATTAN, PALLONE, PARKER, READSHAW, ROEBUCK, SABATINA, McILVAINE SMITH, STURLA, THOMAS, WATERS AND WHEATLEY, APRIL 10, 2007
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 10, 2007
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for definitions and 3 for expungement. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. The definition of "expunge" in section 9102 of 7 Title 18 of the Pennsylvania Consolidated Statutes is amended 8 and the section is amended by adding a definition to read: 9 § 9102. Definitions. 10 The following words and phrases when used in this chapter 11 shall have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 * * * 14 "Exoneration." 15 (1) Whenever a person is pardoned pursuant to section 9 16 of Article IV of the Constitution of Pennsylvania; or
1 (2) whenever judgment of conviction was reversed or 2 vacated, or a plea of guilty, no contest or nolo contendere 3 was withdrawn by leave of court, and the indictment or 4 information dismissed or, if a new trial was ordered, either 5 the claimant was found not guilty at the new trial or was not 6 retried and the indictment or information dismissed, provided 7 that the count or counts dismissed were the sole basis for 8 the imprisonment complained of. 9 (3) In order for a person to fall within the meaning of 10 this term, deoxyribonucleic acid (DNA) evidence does not 11 necessarily have to form the basis of the reversal, vacation, 12 withdrawal, dismissal or pardon. 13 "Expunge." 14 (1) To remove information so that there is no trace or 15 indication that such information existed; 16 (2) to eliminate all identifiers which may be used to 17 trace the identity of an individual, allowing remaining data 18 to be used for statistical purposes; [or] 19 (3) maintenance of certain information required or 20 authorized under the provisions of section 9122(c) (relating 21 to expungement), when an individual has successfully 22 completed the conditions of any pretrial or posttrial 23 diversion or probation program[.]; or 24 (4) the removal, destruction or erasure of records 25 possessed by the Commonwealth or any of its political 26 subdivisions, including, but not limited to: 27 (i) Fingerprints. 28 (ii) Photographs. 29 (iii) Photographic plates. 30 (iv) Arrest, trial, conviction, sentence or 20070H1053B1229 - 2 -
1 incarceration data for the crime for which the defendant 2 has been conclusively proven to be innocent. 3 * * * 4 Section 2. Section 9122 of Title 18 is amended to read: 5 § 9122. Expungement. 6 (a) [Specific proceedings.--Criminal history record 7 information] Arrest data.--Notwithstanding any provision to the 8 contrary, criminal arrest data shall be expunged in a specific 9 criminal proceeding when: 10 (1) no disposition has been received or, upon request 11 for criminal history record information, no disposition has 12 been recorded in the repository within 18 months after the 13 date of arrest and the court of proper jurisdiction certifies 14 to the director of the repository that no disposition is 15 available and no action is pending. Expungement shall not 16 occur until the certification from the court is received and 17 the director of the repository authorizes such expungement; 18 (2) a court order requires that such [nonconviction] 19 data be expunged; [or] 20 (3) a person 21 years of age or older who has been 21 convicted of a violation of section 6308 (relating to 22 purchase, consumption, possession or transportation of liquor 23 or malt or brewed beverages) petitions the court of common 24 pleas in the county where the conviction occurred seeking 25 expungement and the person has satisfied all terms and 26 conditions of the sentence imposed for the violation, 27 including any suspension of operating privileges imposed 28 pursuant to section 6310.4 (relating to restriction of 29 operating privileges). Upon review of the petition, the court 30 shall order the expungement of all criminal history record 20070H1053B1229 - 3 -
1 information and all administrative records of the Department 2 of Transportation relating to said conviction[.]; or 3 (4) a person 18 years of age or older who has been 4 convicted of a crime, other than a violation under section 5 6308, and is later exonerated, has petitioned the court of 6 common pleas having jurisdiction over the conviction seeking 7 expungement. Upon review of the petition, the court may order 8 the expungement of all criminal history record information 9 and all administrative records relating to said conviction. 10 (b) [Generally.-- Criminal history record information] 11 Conviction data.-- Notwithstanding any provision to the 12 contrary, conviction data may be expunged when: 13 (1) an individual who is the subject of the information 14 reaches 70 years of age and has been free of arrest or 15 prosecution for ten years following final release from 16 confinement or supervision; or 17 (2) an individual who is the subject of the information 18 has been dead for three years. 19 (b.1) Prohibition.--A court shall not have the authority to 20 order expungement of the defendant's arrest record where the 21 defendant was placed on Accelerated Rehabilitative Disposition 22 for a violation of any offense set forth in any of the following 23 where the victim is under 18 years of age: 24 Section 3121 (relating to rape). 25 Section 3122.1 (relating to statutory sexual assault). 26 Section 3123 (relating to involuntary deviate sexual 27 intercourse). 28 Section 3124.1 (relating to sexual assault). 29 Section 3125 (relating to aggravated indecent assault). 30 Section 3126 (relating to indecent assault). 20070H1053B1229 - 4 -
1 Section 5902(b) (relating to prostitution and related 2 offenses). 3 Section 5903 (relating to obscene and other sexual 4 materials and performances). 5 (b.2) Automatic expungement.--The following shall trigger 6 automatic expungement when occurring as a result of the 7 presentation of deoxyribonucleic acid (DNA) evidence: 8 (1) A reversal or vacation of a conviction. 9 (2) A withdrawal of a guilty, no contest or nolo 10 contendere plea. 11 (3) A dismissal of information or indictment. 12 (4) A retrial where the defendant was found not guilty. 13 (c) Maintenance of certain information required or 14 authorized.--Notwithstanding any other provision of this 15 chapter, the prosecuting attorney and the central repository 16 shall, and the court may, maintain a list of the names and other 17 criminal history record information of persons whose records are 18 required by law or court rule to be expunged where the 19 individual has successfully completed the conditions of any 20 pretrial or post-trial diversion or probation program. Such 21 information shall be used solely for the purpose of determining 22 subsequent eligibility for such programs and for identifying 23 persons in criminal investigations. Criminal history record 24 information may be expunged as provided in subsection (b)(1) and 25 (2). Such information shall be made available to any court or 26 law enforcement agency upon request. 27 (d) Notice of expungement.--Notice of expungement shall 28 promptly be submitted to the central respository which shall 29 notify all criminal justice agencies which have received the 30 criminal history record information to be expunged. 20070H1053B1229 - 5 -
1 (e) Public records.--Public records listed in section 2 9104(a) (relating to scope) shall not be expunged. 3 (f) District attorney's notice.--The court shall give ten 4 days prior notice to the district attorney of the county where 5 the original charge was filed of any applications for 6 expungement under the provisions of subsection (a)(2). 7 Section 3. This act shall take effect in 60 days. C28L18JKL/20070H1053B1229 - 6 -