PRINTER'S NO.  1496

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1220

Session of

2011

  

  

INTRODUCED BY SOLOBAY, TARTAGLIONE, BOSCOLA, FERLO, FONTANA, GREENLEAF, MENSCH, D. WHITE AND WILLIAMS, AUGUST 2, 2011

  

  

REFERRED TO JUDICIARY, AUGUST 2, 2011  

  

  

  

AN ACT

  

1

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

2

Consolidated Statutes, further providing for expungement of

3

criminal history record.

4

The General Assembly of the Commonwealth of Pennsylvania

5

hereby enacts as follows:

6

Section 1.  Section 9122(b) of Title 18 of the Pennsylvania

7

Consolidated Statutes is amended to read:

8

§ 9122.  Expungement. 

9

* * * 

10

(b)  Generally.--Criminal history record information may be

11

expunged when:

12

(1)  An individual who is the subject of the information

13

reaches 70 years of age and has been free of arrest or

14

prosecution for ten years following final release from

15

confinement or supervision.

16

(2)   Any individual who is the subject of the

17

information has been dead for three years.

18

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

 


1

information, petitions the court for the expungement of a

2

summary offense and has been free of arrest or

3

prosecution for five years following the conviction for

4

that offense.

5

(ii)  Expungement under this paragraph shall only be

6

permitted for a conviction of a summary offense.

7

(4)  (i)  An individual who is the subject of the

8

information petitions for expungement of the information

9

and the individual has been free of arrest or prosecution

10

following final release from confinement or supervision

11

for the greater of the following time periods:

12

(A)  In the case of a misdemeanor of the third

13

degree, seven years.

14

(B)  In the case of a misdemeanor of the second

15

degree, ten years.

16

(ii)  This paragraph shall not apply to any

17

individual who has been convicted of:

18

(A)  An offense punishable by imprisonment of

19

more than two years.

20

(B)  Four or more offenses punishable by

21

imprisonment of one or more years.

22

(C)  A violation of section 2701 (relating to

23

simple assault).

24

(D)  An offense classified as a misdemeanor of

25

the second degree committed when the individual was

26

at least 25 years of age.

27

(E)  A violation of section 3126 (relating to

28

indecent assault).

29

(F)  A violation of section 3129 (relating to

30

sexual intercourse with animal).

- 2 -

 


1

(G)  A violation of section 5511 (relating to

2

cruelty to animals).

3

(H)  A violation of any provision of Chapter 61

4

(relating to firearms and other dangerous articles).

5

* * *

6

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

- 3 -