1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for expungement.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Section 9122(b) of Title 18 of the Pennsylvania
6Consolidated Statutes is amended and the section is amended by
7adding a subsection to read:

8§ 9122. Expungement.

9* * *

10(b) Generally.--Criminal history record information may be
11expunged [when] if any of the following apply:

12(1) An individual who is the subject of the information
13reaches 70 years of age and has been free of arrest or
14prosecution for ten years following final release from
15confinement or supervision.

16(2) An individual who is the subject of the information
17has been dead for three years.

1(3) (i) An individual who is the subject of the
2information petitions the court for the expungement of a
3summary offense and has been free of arrest or
4prosecution for five years following the conviction for
5that offense.

6(ii) Expungement under this paragraph shall only be
7permitted for a conviction of a summary offense.

8(4) An individual who is the subject of the information
9petitions the court for the expungement of an offense and has
10been free of arrest or prosecution for seven years following
11the completion of the sentence for that offense. A person is
12prohibited from having his record expunged under this
13paragraph if the person has been convicted of any of the
14following offenses:

15Section 2502 (relating to murder).

16Section 2503 (relating to voluntary manslaughter).

17Section 2702 (relating to aggravated assault).

18Section 2703 (relating to assault by prisoner).

19Section 2901 (relating to kidnapping).

20Section 3121 (relating to rape).

21Section 3122.1 (relating to statutory sexual
22assault).

23Section 3123 (relating to involuntary deviate sexual
24intercourse).

25Section 3124.1 (relating to sexual assault).

26Section 3124.2 (relating to institutional sexual
27assault).

28Section 3125 (relating to aggravated indecent
29assault).

30Section 3126 (relating to indecent assault).

1Section 3127 (relating to indecent exposure).

2Section 3502 (relating to burglary).

3Section 3701 (relating to robbery).

4Section 3923 (relating to theft by extortion).

5Section 3926 (relating to theft of services).

6Section 4304 (relating to endangering welfare of
7children).

8Section 4701 (relating to bribery in official and
9political matters).

10Section 4902 (relating to perjury).

11Section 6312 (relating to sexual abuse of children).

12Section 6319 (relating to solicitation of minors to
13traffic drugs).

14Section 6320 (relating to sexual exploitation of
15children).

16* * *

17(d.1) Civil liability.--Notwithstanding any other provision
18of law, if a repository fails to expunge an individual's
19criminal record within six months after receiving court
20certification, a court order or notice of the expungement, the
21repository shall be liable for civil damages.

22* * *

23Section 2. This act shall take effect in 60 days.