PRIOR PRINTER'S NO. 1725

PRINTER'S NO. 1776

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1197

Session of

2015

INTRODUCED BY WAGNER, WILLIAMS, STEFANO, TEPLITZ, SCHWANK,

LEACH, WILEY, McGARRIGLE, KITCHEN, COSTA, BARTOLOTTA, WHITE,

FONTANA, GREENLEAF, VOGEL, BREWSTER, WOZNIAK, WARD, AUMENT,

record information, further providing for general regulations

and for order for limited access, providing for clean slate

for convictions of misdemeanors and summary offenses, for

charges not leading to convictions and for records of

juvenile delinquency and, for effects of expunged offenses

and offenses provided limited access AND FOR EMPLOYER

IMMUNITY AND LIABILITY and further providing for use of

records by licensing agencies.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

individuals.--Criminal history record information shall be

disseminated by a State or local police department to any

individual or noncriminal justice agency only upon request.

Except as provided in subsection (b.1):

department for each request for criminal history record

information by an individual or noncriminal justice agency,

except that no fee shall be charged to an individual who

individual or noncriminal justice agency, it shall extract

from the record the following:

(i) All notations of arrests, indictments or other

(A) three years have elapsed from the date of

arrest;

(B) no conviction has occurred; and

(C) no proceedings are pending seeking a

conviction.

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Courts may not disseminate to an individual, a noncriminal

justice agency or an Internet website any information

relating to a conviction, arrest, indictment or other

shall not apply if the request is made [by a State agency to be

used only as authorized under section 9124 (relating to use of

records by licensing agencies).] pursuant to a court order in a

case brought under 23 Pa.C.S. Ch. 53 (relating to child custody)

or 61 (relating to protection from abuse). All information made

available to the court under this exception shall also be made

available for examination by the parties. :

PA.C.S. CH. 53 (RELATING TO CHILD CUSTODY) OR 61 (RELATING TO

PROTECTION FROM ABUSE). ALL INFORMATION MADE AVAILABLE TO THE

CRIMINAL HISTORY FOR PURPOSES OF EMPLOYMENT.

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LIABILITY HAS BEEN BROUGHT AS DESCRIBED UNDER SECTION 9122.4

FOR PURPOSES OF DEFENDING AGAINST A CLAIM OF CIVIL LIABILITY.

* * *

§ 9122.1. Order for limited access.

(a) General rule.--[The following shall apply:

criminal justice agency pertaining to a conviction for a

misdemeanor of the second degree, a misdemeanor of the third

degree or an ungraded offense which carries a maximum penalty

of no more than two years be disseminated only to a criminal

justice agency or a government agency as provided in section

9121(b.1) and (b.2) (relating to general regulations).

justice agency, or by and for the official use of a

government agency described in section 9121(b.1) or 9124(a)

(relating to use of records by licensing agencies), no

§ 9122.2. Clean slate for convictions of misdemeanors and

summary offenses, for charges not leading to

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convictions and for records of juvenile delinquency.

(a) Declaration of policy.--The General Assembly finds and

declares as follows:

are MAY BE inherently harmed by the maintenance of that

record and have a constitutional presumption of innocence.

to employment, housing, education and other necessities of

life should be fully restored.

as set forth under this section, to:

(i) create a strong incentive for avoidance of

(ii) provide hope for the alleviation of the

(iii) save the Commonwealth money that must be spent

(b) Misdemeanor conviction.-- Except for offenses under

Article B (relating to offenses involving danger to the person)

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or offenses that require registration under 42 Pa.C.S. Ch. 97

Subch. H (relating to registration of sexual offenders),

criminal history record information of all convictions of

misdemeanor offenses shall automatically receive limited access

when 10 years have passed since the most recent felony or

misdemeanor conviction. THE FOLLOWING SHALL APPLY:

IN ANY COURT OF THE UNIFIED JUDICIAL SYSTEM.

GRANTED TO MISDEMEANOR CONVICTIONS OF THE FOLLOWING OFFENSES:

(I) OFFENSES UNDER ARTICLE B (RELATING TO OFFENSES

(II) OFFENSES UNDER ARTICLE D (RELATING TO OFFENSES

(III) OFFENSES UNDER CHAPTER 61 (RELATING TO

(IV) OFFENSES THAT REQUIRE REGISTRATION UNDER 42

(VII) A VIOLATION OF SECTION 5122 (RELATING TO

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(VIII) A VIOLATION OF SECTION 5511 (RELATING TO

(c) Summary offense conviction.--Criminal history record

information of all convictions of summary offenses shall

automatically receive limited access when COMPLETION OF THE

SENTENCE, INCLUDING PAYMENT OF ALL COURT-ORDERED OBLIGATIONS,

disposition AND PAYMENT OF ANY COURT-ORDERED OBLIGATIONS .

(e) Records of juvenile delinquency.--Records of A juvenile

delinquency ADJUDICATED DELINQUENT shall automatically receive

limited access when COMPLETION OF THE TERM OF THE DISPOSITIONAL

ORDER, INCLUDING THE PAYMENT OF ANY COURT-ORDERED OBLIGATIONS,

HAS OCCURRED AND seven years have passed with no further

adjudication of delinquency or conviction for a felony or

misdemeanor offense IN ANY COURT OF THE UNIFIED JUDICIAL SYSTEM .

(F) TIME PERIOD FOR MULTIPLE OFFENSE CASES.--IF A CASE HAS

MORE THAN ONE OFFENSE, THE APPLICABLE PERIOD OF TIME WHICH MUST

LIMITED access of criminal AND JUVENILE proceedings under

subsections (b), (c), (d) and (e) shall be performed by

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criminal justice agencies within 30 days of the eligibility

of such proceedings, without the requirement of a court

order.

a petition for limited access of criminal proceedings

eligible for limited access under subsections (b), (c), (d)

RELIEF UNDER SUBSECTIONS (B), (C), (D) AND (E) WITHIN 30 DAYS

OF THE ELIGIBILITY OF SUCH CASES AND SHALL PROVIDE THE LIST

TO THE PENNSYLVANIA STATE POLICE FOR REVIEW. WITHIN 30 DAYS

OF RECEIPT OF THE LIST, THE PENNSYLVANIA STATE POLICE SHALL

FILE A CONSENT, AN OBJECTION TO SPECIFIC CASES ON THE LIST,

OR TAKE NO ACTION. UPON THE RECEIPT OF THE PENNSYLVANIA STATE

POLICE'S CONSENT, OR NO LATER THAN 14 DAYS FOLLOWING THE

EXPIRATION OF THE 30-DAY REVIEW PERIOD, THE COURT SHALL GRANT

THE LIMITED ACCESS RELIEF. ANY CASE WHICH IS THE SUBJECT OF

AN OBJECTION FILED BY THE PENNSYLVANIA STATE POLICE AND IN

LIMITED ACCESS IS SUBSEQUENTLY CONVICTED OF A MISDEMEANOR OR

FELONY, THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE

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UNDERLYING CONVICTION TOOK PLACE OR THE OFFICE OF THE ATTORNEY

GENERAL IF IT OBTAINED THE CONVICTION FOR THE UNDERLYING

CONVICTION MAY NOTIFY THE COURT OF THAT CONVICTION AND THE COURT

AND THE PENNSYLVANIA STATE POLICE SHALL UNDO THE LIMITED ACCESS.

§ 9122.3. Effects of expunged offenses and offenses provided

limited access.

expunged or provided limited access under section 9122.1

(relating to order for limited access) or 9122.2 (relating to

clean slate for convictions of misdemeanors and summary

offenses, for charges not leading to convictions and for

records of juvenile delinquency). An individual required or

requested to provide information in violation of this section

may respond as if the offense did not occur.

INCLUDING RULES AND REGULATIONS PROMULGATED BY A SELF-

REGULATORY ORGANIZATION THAT HAS BEEN CREATED PURSUANT TO

under Federal laws that prohibit employment based on state

convictions TO THE EXTENT PERMITTED BY FEDERAL LAW .

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