PRINTER'S NO. 3583
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2447
Session of
2018
INTRODUCED BY MURT, BULLOCK, CALTAGIRONE, COX, DALEY, A. DAVIS,
DAVIS, DEAN, DeLUCA, FREEMAN, HILL-EVANS, JAMES, KINSEY,
J. McNEILL, D. MILLER, READSHAW, SCHLOSSBERG, SIMMONS, WARD
AND WATSON, MAY 30, 2018
REFERRED TO COMMITTEE ON JUDICIARY, MAY 30, 2018
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(a) and (c) of Title 18 of the
Pennsylvania Consolidated Statutes are amended to read:
ยง 9122. Expungement.
(a) Specific proceedings.--Criminal history record
information shall be expunged in a specific criminal proceeding
when:
(1) no disposition has been received or, upon request
for criminal history record information, no disposition has
been recorded in the repository within 18 months after the
date of arrest and the court of proper jurisdiction certifies
to the director of the repository that no disposition is
available and no action is pending. Expungement shall not
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occur until the certification from the court is received and
the director of the repository authorizes such expungement;
(2) a court order requires that such nonconviction data
be expunged; [or]
(2.1) a person is pardoned unconditionally for the
offense at issue in accordance with law; or
(3) a person 21 years of age or older who has been
convicted of a violation of section 6308 (relating to
purchase, consumption, possession or transportation of liquor
or malt or brewed beverages), which occurred on or after the
day the person attained 18 years of age, petitions the court
of common pleas in the county where the conviction occurred
seeking expungement and the person has satisfied all terms
and conditions of the sentence imposed for the violation,
including any suspension of operating privileges imposed
pursuant to section 6310.4 (relating to restriction of
operating privileges). Upon review of the petition, the court
shall order the expungement of all criminal history record
information and all administrative records of the Department
of Transportation relating to said conviction.
* * *
(c) Maintenance of certain information required or
authorized.--Notwithstanding any other provision of this
chapter, the prosecuting attorney and the central repository
shall, and the court may, maintain a list of the names and other
criminal history record information of persons whose records are
required by law or court rule to be expunged where the
[individual] person has successfully completed the conditions of
any pretrial or post-trial diversion or probation program [or],
where the person has been pardoned or where the court has
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ordered expungement under this section. Such information shall
be used solely for the purposes of determining subsequent
eligibility for such programs, identifying persons in criminal
investigations or determining the grading of subsequent
offenses. Such information shall be made available to any court
or law enforcement agency upon request.
* * *
Section 2. This act shall take effect in 60 days.
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