See other bills
under the
same topic
PRINTER'S NO. 687
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
615
Session of
2015
INTRODUCED BY CALTAGIRONE, COHEN, GAINEY, READSHAW, O'BRIEN,
THOMAS, LONGIETTI, BISHOP, D. COSTA, SCHREIBER, SCHLOSSBERG,
W. KELLER, DEASY, DeLUCA, SCHWEYER, CARROLL, BARBIN, MURT,
FRANKEL, GIBBONS, McCARTER AND KINSEY, FEBRUARY 24, 2015
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 24, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal history record
information, further providing for expungement of criminal
history record.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9122(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 9122. Expungement.
* * *
(b) Generally.--Criminal history record information may be
expunged when:
(1) An individual who is the subject of the information
reaches 70 years of age and has been free of arrest or
prosecution for ten years following final release from
confinement or supervision.
(2) Any individual who is the subject of the information
has been dead for three years.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
(3) (i) An individual who is the subject of the
information, petitions the court for the expungement of a
summary offense and has been free of arrest or
prosecution for five years following the conviction for
that offense.
(ii) Expungement under this paragraph shall only be
permitted for a conviction of a summary offense.
(4) (i) An individual who is the subject of the
information petitions for expungement of the information
and the individual has been free of arrest or prosecution
following final release from confinement or supervision
for the following time periods:
( A) In the case of a misdemeanor of the third
degree or an offense declared to be a misdemeanor,
without specification of degree , seven years.
(B) In the case of a misdemeanor of the second
degree committed when the individual was less than 25
years of age, ten years.
(ii) This paragraph shall not apply to any
individual who has been convicted of:
(A) An offense punishable by imprisonment of
more than two years.
(B) Four or more offenses punishable by
imprisonment of one or more years.
(C) An offense under section 913 (relating to
possession of firearm or other dangerous weapon in
court facility) which is graded as a misdemeanor of
the third degree.
(D) A violation of section 2701 (relating to
simple assault), except when the offense is graded as
20150HB0615PN0687 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
a misdemeanor of the third degree.
(E) A violation of section 3129 (relating to
sexual intercourse with animal).
(F) A violation of section 4912 (relating to
impersonating a public servant).
(G) A violation of section 4952 (relating to
intimidation of witnesses or victims).
(H) A violation of section 4953 (relating to
retaliation against witness, victim or party).
(I) A violation of section 5511 (relating to
cruelty to animals).
(J) A violation of any provision of Chapter 61
(relating to firearms and other dangerous articles).
(K) An offense which requires registration under
42 Pa.C.S. Ch. 97 Subch. H (relating to registration
of sexual offenders).
* * *
Section 2. This act shall take effect in 60 days.
20150HB0615PN0687 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18