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 of Title 18 of the Pennsylvania
6Consolidated Statutes is amended to read:

7§ 9122. Expungement.

8(a) Specific proceedings.--Criminal history record
9information shall be expunged in a specific criminal proceeding

11(1) no disposition has been received or, upon request
12for criminal history record information, no disposition has
13been recorded in the repository within 18 months after the
14date of arrest and the court of proper jurisdiction certifies
15to the director of the repository that no disposition is
16available and no action is pending. Expungement shall not
17occur until the certification from the court is received and
18the director of the repository authorizes such expungement;

1(2) a court order requires that such nonconviction data
2be expunged; or

3(3) a person 21 years of age or older who has been
4convicted of a violation of section 6308 (relating to
5purchase, consumption, possession or transportation of liquor
6or malt or brewed beverages), which occurred on or after the 
7day the person attained 18 years of age, petitions the court
8of common pleas in the county where the conviction occurred
9seeking expungement and the person has satisfied all terms
10and conditions of the sentence imposed for the violation,
11including any suspension of operating privileges imposed
12pursuant to section 6310.4 (relating to restriction of
13operating privileges). Upon review of the petition, the court
14shall order the expungement of all criminal history record
15information and all administrative records of the Department
16of Transportation relating to said conviction.

17(b) Generally.--Criminal history record information may be
18expunged when:

19(1) An individual who is the subject of the information
20reaches 70 years of age and has been free of arrest or
21prosecution for ten years following final release from
22confinement or supervision.

23(2) An individual who is the subject of the information
24has been dead for three years.

25(3) (i) An individual who is the subject of the
26information petitions the court for the expungement of a
27summary offense and has been free of arrest or
28prosecution for five years following the conviction for
29that offense.

30(ii) Expungement under this paragraph shall only be

1permitted for a conviction of a summary offense.

2(4) (i) An individual who is the subject of the
3information petitions the court for the expungement of an
4offense under section 13(g) of the act of April 14, 1972
5(P.L.233, No.64), known as The Controlled Substance,
6Drug, Device and Cosmetic Act, and has been free of
7arrest or prosecution for five years following the
8conviction for that offense.

9(ii) Expungment under this paragraph shall only be
10permitted for a conviction of a misdemeanor offense.

11(b.1) Prohibition.--A court shall not have the authority to
12order expungement of the defendant's arrest record where the
13defendant was placed on Accelerated Rehabilitative Disposition
14for a violation of any offense set forth in any of the following
15where the victim is under 18 years of age:

16Section 3121 (relating to rape).

17Section 3122.1 (relating to statutory sexual assault).

18Section 3123 (relating to involuntary deviate sexual

20Section 3124.1 (relating to sexual assault).

21Section 3125 (relating to aggravated indecent assault).

22Section 3126 (relating to indecent assault).

23Section 3127 (relating to indecent exposure).

24Section 5902(b) (relating to prostitution and related

26Section 5903 (relating to obscene and other sexual
27materials and performances).

28(c) Maintenance of certain information required or
29authorized.--Notwithstanding any other provision of this
30chapter, the prosecuting attorney and the central repository

1shall, and the court may, maintain a list of the names and other
2criminal history record information of persons whose records are
3required by law or court rule to be expunged where the
4individual has successfully completed the conditions of any
5pretrial or post-trial diversion or probation program or where
6the court has ordered expungement under this section. Such
7information shall be used solely for the purposes of determining
8subsequent eligibility for such programs, identifying persons in
9criminal investigations or determining the grading of subsequent
10offenses. Such information shall be made available to any court
11or law enforcement agency upon request.

12(d) Notice of expungement.--Notice of expungement shall
13promptly be submitted to the central repository which shall
14notify all criminal justice agencies which have received the
15criminal history record information to be expunged.

16(e) Public records.--Public records listed in section
179104(a) (relating to scope) shall not be expunged.

18(f) District attorney's notice.--The court shall give ten
19days prior notice to the district attorney of the county where
20the original charge was filed of any applications for
21expungement under the provisions of subsection (a)(2).

22Section 2. Applicability.

23The amendment of 18 Pa.C.S. § 9122 shall apply retroactively
24to any conviction for an offense under section 13(g) of the act 
25of April 14, 1972 (P.L.233, No.64), known as The Controlled 
26Substance, Drug, Device and Cosmetic Act, graded as a 
27misdemeanor offense.

28Section 3. This act shall take effect in 60 days.