PRINTER'S NO. 1125
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
944
Session of
2023
INTRODUCED BY BARTOLOTTA, STREET, SAVAL, HAYWOOD, COLLETT, KANE,
CAPPELLETTI, COSTA, KEARNEY, SCHWANK AND HUGHES,
SEPTEMBER 28, 2023
REFERRED TO JUDICIARY, SEPTEMBER 28, 2023
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)(3) and (4)(iv) of Title 18 of the
Pennsylvania Consolidated Statutes are amended and the
subsection is amended by adding a paragraph to read:
ยง 9122. Expungement.
(a) Specific proceedings.--Criminal history record
information shall be expunged in a specific criminal proceeding
when:
* * *
(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
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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:
* * *
(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[.]; or
(5) the conviction has been unconditionally pardoned by
the Governor. Expungement shall occur automatically upon
notification of the pardon from the Governor's Office
provided to the court of common pleas in the county where the
conviction occurred or upon praecipe to said court attaching
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only a copy of the pardon. Upon receipt of the notification,
the court shall order the expungement of all criminal history
record information and all administrative records of the
Department of Transportation and the central repository
relating to the conviction.
* * *
Section 2. This act shall take effect in 60 days.
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