PRINTER'S NO. 1239
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
883
Session of
2019
INTRODUCED BY BARTOLOTTA, STREET, FARNESE, FONTANA, COLLETT,
MARTIN, HUGHES, BREWSTER, J. WARD, COSTA, KILLION, STEFANO,
BROWNE AND K. WARD, OCTOBER 7, 2019
REFERRED TO JUDICIARY, OCTOBER 7, 2019
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 (b)(3) of Title 18 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
§ 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
occur until the certification from the court is received
under subsection (b.2) and the director of the repository
authorizes [such] the expungement;
(2) a court order requires that such nonconviction data
be expunged; [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 the former section 6310.4 (relating to
restriction of operating privileges). [Upon review of the
petition, the] The court shall order the expungement of all
criminal history record information and all administrative
records of the Department of Transportation relating to
[said] the conviction. Expungement shall not occur until the
certification from the court is received under subsection
(b.2) and the director of the repository authorizes the
expungement;
(4) a criminal charge has been withdrawn and all
criminal charges based on the same conduct or arising from
the same criminal episode have been withdrawn;
(5) a judicial determination has been made that a person
is acquitted of a criminal offense, if the person has been
acquitted of all the charges based on the same conduct or
arising from the same criminal episode. This paragraph does
20190SB0883PN1239 - 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
not apply to partial acquittals;
(6) except as provided under paragraph (3), a criminal
offense that is graded as a summary offense where the person
has satisfied all terms and conditions of the sentence
imposed for the offense and the person has been free of
arrest or prosecution for five years following the conviction
for that offense. Expungement shall not occur until the
certification from the court is received under subsection
(b.2) and the director of the repository authorizes the
expungement; or
(7) a person has been pardoned as provided by law.
(b) Generally.--Criminal history record information may be
expunged when:
* * *
[(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.]
* * *
(b.2) Procedures.--On a monthly basis, the Administrative
Office of Pennsylvania Courts and the Board of Pardons shall
transmit to the Pennsylvania State Police central repository the
record of any charges or other criminal history record
information under subsection (a)(1), (3), (4), (5) and (6).
* * *
Section 2. The amendment or addition of 18 Pa.C.S. §
9122(a), (b)(3) and (b.2) shall apply to criminal history record
20190SB0883PN1239 - 3 -
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
information available on or before the effective date of this
section.
Section 3. This act shall take effect in 60 days.
20190SB0883PN1239 - 4 -
1
2
3