1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for expungement of
3criminal history record information.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 9122(b) and (b.1) of Title 18 of the
7Pennsylvania Consolidated Statutes are amended and the section
8is amended by adding subsections to read:

9§ 9122. Expungement.

10* * *

11(b) Generally.--Criminal history record information may be
12expunged when:

13(1) An individual who is the subject of the information
14reaches 70 years of age and has been free of arrest or
15prosecution for ten years following final release from
16confinement or supervision.

17(2) An individual who is the subject of the information
18has 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 was adjudicated delinquent or
9convicted and is the subject of the information, reaches 18
10years of age and can satisfactorily demonstrate all of the
11following:

12(i) The individual has never been convicted of a
13sexual assault under section 3124.1 (relating to sexual
14assault), a crime that endangered the public, a violent
15criminal offense or a crime that carries a punishment of
16life imprisonment. As used in this subparagraph, the term
17"violent criminal offense" means a misdemeanor or felony
18that includes as an element of the offense the use of a
19weapon or violence in its commission.

20(ii) At least 18 months have elapsed since the
21individual was released from court jurisdiction and the
22individual has not subsequently been adjudicated
23delinquent or convicted as an adult of any felony or
24misdemeanor other than a minor traffic violation.

25(iii) The individual has exhibited good behavior
26since the adjudication verified by an affidavit by the
27individual.

28(iv) Two persons not related to the individual or
29each other by blood or marriage and know the character
30and reputation of the individual in the community in

1which the individual lives verify by affidavit that the
2individual's character and reputation are upstanding.

3* * *

4(b.1) Prohibition.--A court shall not have the authority to
5order expungement of the defendant's arrest record where the
6defendant was placed on Accelerated Rehabilitative Disposition
7for a violation of any offense set forth in any of the following
8where the victim is under 18 years of age:

9Section 3121 (relating to rape).

10Section 3122.1 (relating to statutory sexual assault).

11Section 3123 (relating to involuntary deviate sexual
12intercourse).

13Section 3124.1 [(relating to sexual assault)].

14Section 3125 (relating to aggravated indecent assault).

15Section 3126 (relating to indecent assault).

16Section 3127 (relating to indecent exposure).

17Section 5902(b) (relating to prostitution and related
18offenses).

19Section 5903 (relating to obscene and other sexual
20materials and performances).

21(g) Violation.--Any individual, other than the applicant,
22who knows or should have known that a conviction was expunged
23under subsection (b)(4) and divulges, uses or publishes
24information concerning the expungement under this section
25commits a misdemeanor punishable by imprisonment for not more
26than 90 days or a fine of not more than $500, or both.

27(h) Limitation.--An individual may have only one conviction
28expunged under subsection (b)(4).

29Section 2. This act shall take effect in 60 days.