PRINTER'S NO. 1002
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
852
Session of
2023
INTRODUCED BY BAKER, YAW, HAYWOOD, BROWN, ROBINSON, A. WILLIAMS,
SANTARSIERO, PENNYCUICK, BREWSTER, BARTOLOTTA, KANE, BOSCOLA,
CULVER, COSTA, KEARNEY, SCHWANK, HUGHES, TARTAGLIONE, SAVAL,
CAPPELLETTI, STEFANO AND LAUGHLIN, JUNE 30, 2023
REFERRED TO JUDICIARY, JUNE 30, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal history record
information, further providing for definitions, for general
regulations, for expungement, for petition for limited
access, for clean slate limited access, for exceptions, for
effects of expunged records and records subject to limited
access and for employer immunity from liability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9102 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 9102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Qualifying offense." A n offense under section 13 of the act
of April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act, or an attempt,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
conspiracy or solicitation to commit an offense under section 13
of The Controlled Substance, Drug, Device and Cosmetic Act,
unless a minimum sentence of 30 months or more of imprisonment
or a maximum sentence of 60 months or more of imprisonment was
imposed on the offense.
* * *
Section 2. Section 9121(b) introductory paragraph, (1) and
(2) and (b.2)(2) of Title 18 are amended to read:
§ 9121. General regulations.
* * *
(b) Dissemination to noncriminal justice agencies and
individuals.--Criminal history record information [shall] may be
disseminated by a State [or local] police department to any
individual or noncriminal justice agency only upon request.
Other criminal justice agencies may disseminate criminal history
record information only in responding to requests for
information under Subchapter F.1 (relating to crime victim right
of access) or as they deem necessary to carry out their law
enforcement functions as otherwise allowed by law. The following
apply:
(1) A fee may be charged by a State [or local] police
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
makes the request in order to apply to become a volunteer
with an affiliate of Big Brothers of America or Big Sisters
of America or with a rape crisis center or domestic violence
program.
(2) Except as provided for in subsections (b.1) and
(b.2), before a State [or local] police department
20230SB0852PN1002 - 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
disseminates criminal history record information to an
individual or noncriminal justice agency, it shall extract
from the record the following:
(i) All notations of arrests, indictments or other
information relating to the initiation of criminal
proceedings where:
(A) three years have elapsed from the date of
arrest;
(B) no disposition is indicated in the record;
and
(C) nothing in the record indicates that
proceedings seeking conviction remain pending.
(ii) All information relating to a conviction and
the arrest, indictment or other information leading
thereto, which is the subject of a court order for
limited access as provided in section 9122.1 (relating to
petition for limited access).
(iii) All information relating to a conviction or
nonconviction final disposition and the arrest,
indictment or other information leading to the arrest or
indictment which is subject to a court order for limited
access as provided for in section 9122.2 (relating to
clean slate limited access).
* * *
(b.2) Additional exceptions.--
* * *
(2) Subsection (b)(2) shall not apply:
(i) To the verification of information provided by
an applicant if Federal law, including rules and
regulations promulgated by a self-regulatory organization
20230SB0852PN1002 - 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
that has been created under Federal law, requires the
consideration of an applicant's criminal history for
purposes of employment.
(ii) To the verification of information provided to
the Supreme Court, or an entity of the Supreme Court, in
its capacity to govern the practice, procedure and
conduct of all courts, the admission to the bar, the
practice of law, the administration of all courts and
supervision of all officers of the judicial branch.
(iii) To the verification of information provided by
a candidate for public office concerning eligibility
under section 7 of Article II of the Constitution of
Pennsylvania.
(iv) To the Department of Human Services for
verification of information as required by law.
* * *
Section 3. Sections 9122(a), (b) introductory paragraph, (c)
and (d) and 9122.1(a) and (b)(1)(i) and (2)(ii) and (iii) of
Title 18 are amended and the sections are amended by adding
subsections to read:
§ 9122. Expungement.
(a) Specific proceedings.--Criminal history record
information in a specific criminal proceeding shall be expunged
[in a specific criminal proceeding] from the central repository
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
20230SB0852PN1002 - 4 -
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
available and no action is pending. Expungement shall not
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;
(2.1) a person has been granted an unconditional pardon
for an offense in accordance with law;
(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; or
(4) a judicial determination has been made that a person
is acquitted of an offense, if the person has been acquitted
of all charges based on the same conduct or arising from the
same criminal episode following a trial and a verdict of not
guilty. This paragraph shall not apply to a partial
acquittal. A judicial determination under this paragraph may
only be made after the following:
(i) The court provides notice in writing to the
person and to the Commonwealth that the person's criminal
20230SB0852PN1002 - 5 -
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
history record information will be automatically expunged
pursuant to this section.
(ii) Upon receipt of the notice under subparagraph
(i), the Commonwealth shall have 60 days to object to the
automatic expungement on the basis that the person has
not been acquitted of all charges relating to the same
conduct, arising from the same criminal episode or
otherwise relating to a partial acquittal.
(iii) Upon the filing of an objection, the court
shall conduct a hearing to determine whether expungement
of the acquittal relates to the same conduct, arises from
the same criminal episode or otherwise relates to a
partial acquittal. The hearing may be waived by agreement
of both parties and the court.
(iv) Following the hearing, or if no objection has
been filed or the hearing has been waived, the court
shall order that the person's criminal history record
information be automatically expunged unless the court
determines the expungement relates to the same conduct,
arises from the same criminal episode or otherwise
relates to a partial acquittal. Expungement shall occur
no later than 12 months from the date of acquittal.
(a.1) Automatic expungement pursuant to pardon.--
(1) On a quarterly basis, the Board of Pardons shall
transmit a notice of the record of any conviction eligible
for expungement under subsection (a)(2.1) to the
Administrative Office of Pennsylvania Courts.
(2) On a quarterly basis, upon receipt of the notice
under paragraph (1), the Administrative Office of
Pennsylvania Courts shall transmit the record to the court of
20230SB0852PN1002 - 6 -
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
common pleas in the jurisdiction where the conviction
occurred, the record of any conviction eligible for
expungement under subsection (a)(2.1).
(3) Upon receipt of the notice under paragraph (2) and
confirmation that the criteria under subsection (a)(2.1) has
been met, the court shall order that the person's criminal
history record information be expunged and forward notice to
the central repository in accordance with subsection (d). The
Board of Pardons shall provide pardon information to the
Administrative Office of Pennsylvania Courts in a format
specified by the Administrative Office of Pennsylvania Courts
as necessary for proper identification of the case for which
a pardon has been granted.
(b) Generally.--Criminal history record information may be
expunged from the central repository when:
* * *
(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 has successfully completed the conditions of any
pretrial or post-trial diversion or probation program [or],
where the individual has received a pardon for the conviction in
accordance with law or where the court has 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
20230SB0852PN1002 - 7 -
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
shall be made available to any court or law enforcement agency
upon request.
(d) Notice of expungement.--Notice of expungement shall
promptly be submitted to the central repository [which shall
notify all criminal justice agencies which have received the
criminal history record information to be expunged].
* * *
§ 9122.1. Petition for limited access.
(a) General rule.--Subject to the exceptions in subsection
(b) and notwithstanding any other provision of this chapter,
upon petition of a person who has been free from conviction for
a period of [10] seven years for an offense punishable by one or
more years in prison and has completed payment of all court-
ordered restitution and the fee previously authorized to carry
out the limited access and clean slate limited access
provisions, the court of common pleas in the jurisdiction where
a conviction occurred may enter an order that criminal history
record information maintained by a criminal justice agency
pertaining to a qualifying misdemeanor or an ungraded offense
which carries a maximum penalty of no more than five years be
disseminated only to a criminal justice agency or as provided in
section 9121(b.1) and (b.2) (relating to general regulations). A
court may not enter an order under this subsection unless the
person who filed the petition, upon payment of all court-ordered
restitution, also paid the fee previously authorized to carry
out the limited access and clean slate limited access
provisions.
(a.1) Additional criteria.--Upon petition of a person who
has been free from conviction for a period of 10 years for an
offense punishable by one or more years in prison and has
20230SB0852PN1002 - 8 -
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
completed payment of all court-ordered restitution and the fee
previously authorized to carry out the limited access and clean
slate limited access provisions, the court of common pleas in
the jurisdiction where a conviction occurred may enter an order
that criminal history record information maintained by a
criminal justice agency pertaining to a qualifying felony under
this section be disseminated only to a criminal justice agency
or as provided in section 9121(b.1) and (b.2). A court may not
enter an order under this subsection unless the person who filed
the petition, upon payment of all court-ordered restitution,
also paid the fee previously authorized to carry out the limited
access and clean slate limited access provisions. As used in
this subsection, a qualifying felony is any of the following or
an attempt, conspiracy or solicitation to commit any of the
following, excluding felonies of the first and second degrees:
(1) An offense under section 3304 (relating to criminal
mischief).
(2) An offense under section 3503 (relating to criminal
trespass).
(3) An offense under Chapter 39 (relating to theft and
related offenses).
(4) An offense under Chapter 41 (relating to forgery and
fraudulent practices).
(5) An offense under section 481 of the act of June 13,
1967 (P.L.31, No.21), known as the Human Services Code.
(6) A qualifying offense.
(b) Exceptions.--An order for limited access under this
section shall not be granted for any of the following:
(1) A conviction for an offense punishable by more than
two years in prison which is any of the following or an
20230SB0852PN1002 - 9 -
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
attempt, conspiracy or solicitation to commit any of the
following:
(i) An offense under Article B of Part II (relating
to offenses involving danger to the person). This
paragraph shall not apply to a misdemeanor offense under
section 2706 (relating to terroristic threats).
* * *
(2) An individual who meets any of the following:
* * *
(ii) Has been convicted within the previous [20] 15
years of:
(A) a felony or an offense punishable by
imprisonment of seven or more years involving:
(I) an offense under Article B of Part II;
(II) an offense under Article D of Part II;
(III) an offense under Chapter 61; or
(IV) an offense specified in 42 Pa.C.S. §§
9799.14 and 9799.55; [or]
(B) four or more offenses punishable by
imprisonment of two or more years[.]; or
(C) any of the following offenses:
(I) An offense under section 3127 (relating
to indecent exposure).
(II) An offense under section 3129 (relating
to sexual intercourse with animal).
(III) An offense under section 4915.1
(relating to failure to comply with registration
requirements) or 4915.2 (relating to failure to
comply with 42 Pa.C.S. Ch. 97 Subch. I
registration requirements).
20230SB0852PN1002 - 10 -
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
(IV) An offense under section 5122 (relating
to weapons or implements for escape).
(V) An offense under section 5510 (relating
to abuse of corpse).
(VI) An offense under section 5515 (relating
to prohibiting of paramilitary training).
(iii) [Has, within the previous 15 years, been
convicted of:
(A) two or more offenses punishable by more than
two years in prison; or
(B) any of the following:
(I) An offense under section 3127 (relating
to indecent exposure).
(II) An offense under section 3129 (relating
to sexual intercourse with animal).
(III) An offense under section 4915.1
(relating to failure to comply with registration
requirements) or 4915.2 (relating to failure to
comply with 42 Pa.C.S. Ch. 97 Subch. I
registration requirements).
(IV) An offense under section 5122 (relating
to weapons or implements for escape).
(V) An offense under section 5510 (relating
to abuse of corpse).
(VI) An offense under section 5515 (relating
to prohibiting of paramilitary training).] Has,
within the previous 10 years, been convicted of
two or more offenses punishable by more than two
years in prison.
(b.1) Consolidation.--For the purpose of this section, the
20230SB0852PN1002 - 11 -
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
conviction of two or more offenses charged in separate counts
that are consolidated under one docket number and share the same
offense tracking number shall be deemed to be one conviction.
* * *
Section 4. Section 9122.2(a)(1) and (3) of Title 18 are
amended and the subsection is amended by adding a paragraph to
read:
§ 9122.2. Clean slate limited access.
(a) General rule.--The following shall be subject to limited
access:
(1) Subject to the exceptions under section 9122.3
(relating to exceptions) or if a court has vacated an order
for limited access under section 9122.4 (relating to order to
vacate order for limited access), criminal history record
information pertaining to a conviction of a misdemeanor of
the second degree, a misdemeanor of the third degree or a
misdemeanor offense punishable by imprisonment of no more
than two years if a person has been free for [10] seven years
from conviction for any offense punishable by imprisonment of
one or more years and if payment of all court-ordered
restitution has occurred. Upon payment of all court-ordered
restitution, the person whose criminal history record
information is subject to limited access under this paragraph
shall also pay the fee previously authorized to carry out the
limited access and clean slate limited access provisions.
(1.1) Subject to the exceptions under section 9122.3 or
if a court has vacated an order for limited access under
section 9122.4, criminal history record information
pertaining to a conviction of a qualifying offense if a
person has been free for 10 years from conviction for any
20230SB0852PN1002 - 12 -
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
offense punishable by imprisonment of one or more years and
if payment of all court-ordered restitution has occurred.
Upon payment of all court-ordered restitution, the person
whose criminal history record information is subject to
limited access under this paragraph shall also pay the fee
previously authorized to carry out the limited access and
clean slate limited access provisions.
* * *
(3) Criminal history record information pertaining to a
conviction for a summary offense when [10] five years have
elapsed since entry of the judgment of conviction and payment
of all court-ordered restitution has occurred. Upon payment
of all court-ordered restitution, the person whose criminal
history record information is subject to limited access under
this paragraph shall also pay the fee previously authorized
to carry out the limited access and clean slate limited
access provisions.
* * *
Section 5. Section 9122.3(a)(2)(i), (b) and (c) of Title 18
are amended and the section is amended by adding a subsection to
read:
§ 9122.3. Exceptions.
(a) Limited access not applicable.--Limited access to
records under section 9122.2(a)(1) (relating to clean slate
limited access) shall not be granted for any of the following:
* * *
(2) An individual who at any time has been convicted of:
(i) A felony, excluding a qualifying offense.
* * *
(a.1) Consolidation.--For the purpose of this section, the
20230SB0852PN1002 - 13 -
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
conviction of two or more offenses that are charged in separate
counts , are consolidated under one docket number and share the
same offense tracking number shall be deemed to be one
conviction, except that the docket may not be deemed one
conviction if it contains more than two felony convictions.
(b) Limited access to same case.--Limited access under this
section shall not apply to an otherwise qualifying conviction if
a conviction for an offense punishable by imprisonment of five
or more years or an offense enumerated in subsection (a) arose
out of the same case. This subsection shall not apply to a
qualifying offense.
(c) Filing.--Nothing in this section shall preclude the
filing of a petition for limited access under section 9122.1
(relating to petition for limited access) if limited access is
available under [that] this section. An offense eligible for
clean slate limited access under this section shall also be
eligible for petition for limited access under section 9122.1.
Section 6. Section 9122.5 of Title 18 is amended by adding
subsections to read:
§ 9122.5. Effects of expunged records and records subject to
limited access.
* * *
(a.1) Use of information.--Except if required by Federal
law, criminal history record information that has been expunged
or provided limited access may not be used by any individual or
noncriminal justice agency for employment, housing or school
matriculation purposes.
* * *
(c.1) Use for eligibility for public office.--
Notwithstanding any other provision of this chapter, a record
20230SB0852PN1002 - 14 -
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
subject to limited access under section 9122.1 or 9122.2 shall
remain a part of the individual's criminal history record
information and shall be self-disclosed for any relevant purpose
required by section 7 of Article II of the Constitution of
Pennsylvania.
* * *
Section 7. Section 9122.6 of Title 18 is amended to read:
§ 9122.6. Employer immunity from liability.
(a) General rule.--An employer who employs or otherwise
engages an individual whose criminal history record has been
expunged or to which limited access has been applied under
section 9122.1 (relating to petition for limited access) or
9122.2 (relating to clean slate limited access) shall be immune
from liability for any claim arising out of the misconduct of
the individual, if the misconduct relates to the portion of the
criminal history record that has been expunged or provided
limited access.
(b) Voluntary disclosure.--An employer to whom an individual
voluntarily discloses the individual's criminal history record
information shall be immune from liability for any claim arising
under section 9122.5(a.1) (relating to effects of expunged
records and records subject to limited access) related to the
employer's otherwise lawful use or consideration of the criminal
history record information in connection with any employment
decision.
Section 8. This act shall take effect as follows:
(1) The amendment or addition of 18 Pa.C.S. §§ 9122(a),
(a.1), (b) introductory paragraph, (c) and (d), 9122.2(a)(1),
(1.1) and (3) and 9122.3(a)(2)(i), (a.1), (b) and (c) shall
take effect in 365 days.
20230SB0852PN1002 - 15 -
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
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 60
days.
20230SB0852PN1002 - 16 -
1
2
3