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PRINTER'S NO. 3337
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2068
Session of
2015
INTRODUCED BY GAINEY, V. BROWN, KINSEY, SCHLOSSBERG, BRIGGS,
HELM, LONGIETTI, ACOSTA, McNEILL, THOMAS AND SAVAGE,
MAY 11, 2016
REFERRED TO COMMITTEE ON JUDICIARY, MAY 11, 2016
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal history record
information, further providing for expungement.
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 by adding a paragraph and the
section is amended by adding a subsection to read:
§ 9122. Expungement.
* * *
(b) Generally.--Criminal history record information may be
expunged when:
* * *
(4) An individual who is the subject of the information
petitions the court for expungment of a nonviolent offense,
including a nonviolent offense under the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance,
Drug, Device and Cosmetic Act, if the individual:
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(i) Has petitioned for expungement after a period of
10 years following final release from confinement or
supervision for the nonviolent offense.
(ii) Has not been convicted of a summary offense,
misdemeanor or felony for at least 10 years following
final release from confinement or supervision for the
nonviolent offense.
(iii) Has maintained on a consistent basis all
appropriate educational, employment, treatment and
housing needs that have provided for the successful
transition and reintegration of the individual into the
community, as verified by the Pennsylvania Board of
Probation and Parole.
(iv) Has paid or agreed to a payment plan acceptable
to the court regarding costs, fines, fees and restitution
that resulted from the nonviolent offense.
* * *
(g) Definition.--As used in this section, the term
"nonviolent offense" means an offense that is not a crime of
violence under 42 Pa.C.S. § 9714(g) (relating to sentences for
second and subsequent offenses).
Section 2. This act shall apply to a nonviolent offense
committed after the effective date of this act.
Section 3. This act shall take effect in 60 days.
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