PART III

MISCELLANEOUS PROVISIONS

 

Chapter

91.  Criminal History Record Information

92.  Conflicts of Interest

93.  Independent Counsel (Repealed)

94.  Crime Victims

95.  Independent Counsel

 

Enactment.  Part III was added July 16, 1979, P.L.116, No.47, effective January 1, 1980.

 

 

CHAPTER 91

CRIMINAL HISTORY RECORD INFORMATION

 

Subchapter

A.  General Provisions

B.  Completeness and Accuracy

C.  Dissemination of Criminal History Record Information

D.  Security

E.  Audit

F.  Individual Right of Access and Review

F.1. Crime Victim Right of Access

G.  Responsibility of Attorney General

H.  Public Notice

I.  Sanctions

 

Enactment.  Chapter 91 was added July 16, 1979, P.L.116, No.47, effective January 1, 1980.

Cross References.  Chapter 91 is referred to in section 6109 of this title; sections 1202, 1317.2, 1317.3, 1517, 1801, 3509, 3904 of Title 4 (Amusements); section 3505 of Title 5 (Athletics and Sports); sections 8616, 8660 of Title 20 (Decedents, Estates and Fiduciaries); sections 3705, 3714 of Title 22 (Detectives and Private Police); section 6344 of Title 23 (Domestic Relations); section 925 of Title 34 (Game); section 7713 of Title 35 (Health and Safety); sections 1904, 6309, 9799.27, 9799.28, 9799.62, 9799.63, 9799.68 of Title 42 (Judiciary and Judicial Procedure); section 702 of Title 54 (Names); section 327 of Title 57 (Notaries Public).

 

 

SUBCHAPTER A

GENERAL PROVISIONS

 

Sec.

9101.  Short title of chapter.

9102.  Definitions.

9103.  Applicability.

9104.  Scope.

9105.  Other criminal justice information.

9106.  Information in central repository or automated systems.

§ 9101.  Short title of chapter.

This chapter shall be known and may be cited as the "Criminal History Record Information Act."

§ 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:

"Administration of criminal justice."  The activities directly concerned with the prevention, control or reduction of crime, the apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders; criminal identification activities; or the collection, storage dissemination or usage of criminal history record information.

"Audit."  The process of reviewing compliance with applicable Federal and State laws and regulations related to the privacy and security of criminal history record information.

"Automated systems."  A computer or other internally programmed device capable of automatically accepting and processing data, including computer programs, data communication links, input and output data and data storage devices.

"Central repository."  The central location for the collection, compilation, maintenance and dissemination of criminal history record information by the Pennsylvania State Police.

"Criminal history record information."  Information collected by criminal justice agencies concerning individuals, and arising from the initiation of a criminal proceeding, consisting of identifiable descriptions, dates and notations of arrests, indictments, informations or other formal criminal charges and any dispositions arising therefrom. The term does not include intelligence information, investigative information or treatment information, including medical and psychological information, or information and records specified in section 9104 (relating to scope).

"Criminal justice agency."  Any court, including the minor judiciary, with criminal jurisdiction or any other governmental agency, or subunit thereof, created by statute or by the State or Federal constitutions, specifically authorized to perform as its principal function the administration of criminal justice, and which allocates a substantial portion of its annual budget to such function. Criminal justice agencies include, but are not limited to: organized State and municipal police departments, local detention facilities, county, regional and State correctional facilities, probation agencies, district or prosecuting attorneys, parole boards, pardon boards, the facilities and administrative offices of the Department of Public Welfare that provide care, guidance and control to adjudicated delinquents, and such agencies or subunits thereof, as are declared by the Attorney General to be criminal justice agencies as determined by a review of applicable statutes and the State and Federal Constitutions or both.

"Disposition."  Information indicating that criminal proceedings have been concluded, including information disclosing that police have elected not to refer a matter for prosecution, that a prosecuting authority has elected not to commence criminal proceedings or that a grand jury has failed to indict and disclosing the nature of the termination of the proceedings; or information disclosing that proceedings have been indefinitely postponed and also disclosing the reason for such postponement. Dispositions of criminal proceedings in the Commonwealth shall include, but not be limited to, acquittal, acquittal by reason of insanity, pretrial probation or diversion, charge dismissed, guilty plea, nolle prosequi, no information filed, nolo contendere plea, convicted, abatement, discharge under rules of the Pennsylvania Rules of Criminal Procedure, demurrer sustained, pardoned, sentence commuted, mistrial-defendant discharged, discharge from probation or parole or correctional supervision.

"Dissemination."  The oral or written transmission or disclosure of criminal history record information to individuals or agencies other than the criminal justice agency which maintains the information.

"Expunge."

(1)  To remove information so that there is no trace or indication that such information existed;

(2)  to eliminate all identifiers which may be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or

(3)  maintenance of certain information required or authorized under the provisions of section 9122(c) (relating to expungement), when an individual has successfully completed the conditions of any pretrial or posttrial diversion or probation program.

"Intelligence information."  Information concerning the habits, practices, characteristics, possessions, associations or financial status of any individual compiled in an effort to anticipate, prevent, monitor, investigate or prosecute criminal activity. Notwithstanding the definition of "treatment information" contained in this section, intelligence information may include information on prescribing, dispensing, selling, obtaining or using a controlled substance as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

"Investigative information."  Information assembled as a result of the performance of any inquiry, formal or informal, into a criminal incident or an allegation of criminal wrongdoing and may include modus operandi information.

"Police blotter."  A chronological listing of arrests, usually documented contemporaneous with the incident, which may include, but is not limited to, the name and address of the individual charged and the alleged offenses.

"Qualifying offense."  An 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, 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.

"Repository."  Any location in which criminal history record information is collected, compiled, maintained and disseminated by a criminal justice agency.

"Treatment information."  Information concerning medical, psychiatric, psychological or other rehabilitative treatment provided, suggested or prescribed for any individual charged with or convicted of a crime.

(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 11, 1982, P.L.476, No.138, eff. 180 days; Dec. 19, 1990, P.L.1332, No.207, eff. imd.; Nov. 29, 2004, P.L.1349, No.173, eff. 60 days; Dec. 14, 2023, P.L.334, No.36, eff. 60 days)

 

2023 Amendment.  Act 36 added the def. of "qualifying offense."

2004 Amendment.  Act 173 amended the def. of "criminal justice agency."

1990 Amendment.  Act 207 amended the defs. of "intelligence information" and "treatment information."

1982 Amendment.  Act 138 amended the defs. of "criminal justice agency," "expunge" and "intelligence information" and added the def. of "police blotter."

1979 Amendment.  Act 127 amended the def. of "criminal history record information," added the defs. of "automated systems," "intelligence information," "investigative information" and "treatment information" and deleted the def. of "secondary dissemination."

References in Text.  The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

Cross References.  Section 9102 is referred to in section 6108.7 of Title 23 (Domestic Relations); section 6309 of Title 42 (Judiciary and Judicial Procedure); section 2303 of Title 44 (Law and Justice); section 2162 of Title 53 (Municipalities Generally); section 1786 of Title 74 (Transportation).

§ 9103.  Applicability.

This chapter shall apply to persons within this Commonwealth and to any agency of the Commonwealth or its political subdivisions which collects, maintains, disseminates or receives criminal history record information.

§ 9104.  Scope.

(a)  General rule.--Except for the provisions of Subchapter B (relating to completeness and accuracy), Subchapter D (relating to security) and Subchapter F (relating to individual right of access and review), nothing in this chapter shall be construed to apply to:

(1)  Original records of entry compiled chronologically, including, but not limited to, police blotters and press releases that contain criminal history record information and are disseminated contemporaneous with the incident.

(2)  Any documents, records or indices prepared or maintained by or filed in any court of this Commonwealth, including but not limited to the minor judiciary.

(3)  Posters, announcements, or lists for identifying or apprehending fugitives or wanted persons.

(4)  Announcements of executive clemency.

(b)  Court dockets, police blotters and press releases.--Court dockets, police blotters and press releases and information contained therein shall, for the purpose of this chapter, be considered public records.

(c)  Substitutes for court dockets.--Where court dockets are not maintained any reasonable substitute containing that information traditionally available in court dockets shall, for the purpose of this chapter, be considered public records.

(d)  Certain disclosures authorized.--Nothing in this chapter shall prohibit a criminal justice agency from disclosing an individual's prior criminal activity to an individual or agency if the information disclosed is based on records set forth in subsection (a).

(e)  Noncriminal justice agencies.--Information collected by noncriminal justice agencies and individuals from the sources identified in this section shall not be considered criminal history record information.

(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 11, 1982, P.L.476, No.138, eff. 180 days)

 

1982 Amendment.  Act 138 amended subsecs. (a) and (b).

1979 Amendment.  Act 127 deleted subsec. (d) and relettered subsec. (e) to (d) and subsec. (f) to (e).

Cross References.  Section 9104 is referred to in sections 9102, 9122 of this title.

§ 9105.  Other criminal justice information.

Nothing in this chapter shall be construed to apply to information concerning juveniles, except as provided in section 9123 (relating to juvenile records), unless they have been adjudicated as adults, nor shall it apply to intelligence information, investigative information, treatment information, including medical and psychiatric information, caution indicator information, modus operandi information, wanted persons information, stolen property information, missing persons information, employment history information, personal history information, nor presentence investigation information. Criminal history record information maintained as a part of these records shall not be disseminated unless in compliance with the provisions of this chapter.

 

Cross References.  Section 9105 is referred to in section 9123 of this title; section 6309 of Title 42 (Judiciary and Judicial Procedure).

§ 9106.  Information in central repository or automated systems.

(a)  General rule.--Intelligence information, investigative information and treatment information shall not be collected in the central repository. This prohibition shall not preclude the collection in the central repository of names, words, numbers, phrases or other similar index keys to serve as indices to investigative reports.

(b)  Collection of protected information.--

(1)  Intelligence information may be placed in an automated or electronic criminal justice system only if the following apply:

(i)  The criminal justice agency has reasonable suspicion of criminal activity.

(ii)  Access to the intelligence information contained in the automated or electronic criminal justice system is restricted to the authorized employees of the criminal justice agency and cannot be accessed by any other individuals inside or outside of the agency.

(iii)  The intelligence information is related to criminal activity that would give rise to prosecution for a State offense graded a misdemeanor or felony, or for a Federal offense for which the penalty is imprisonment for more than one year. Intelligence information shall be categorized based upon subject matter.

(iv)  The intelligence information is not collected in violation of State law.

(2)  Intelligence information may not be collected or maintained in an automated or electronic criminal justice system concerning participation in a political, religious or social organization, or in the organization or support of any nonviolent demonstration, assembly, protest, rally or similar form of public speech, unless there is a reasonable suspicion that the participation by the subject of the information is related to criminal activity or prison rule violation.

(3)  Investigative information and treatment information contained in files of any criminal justice agency may be placed within an automated or electronic criminal justice information system, provided that access to the investigative information and treatment information contained in the automated or electronic criminal justice information system is restricted to authorized employees of that agency and cannot be accessed by individuals outside of the agency.

(c)  Dissemination of protected information.--

(1)  Intelligence information may be placed within an automated or electronic criminal justice information system and disseminated only if the following apply:

(i)  The information is reliable as determined by an authorized intelligence officer.

(ii)  The department, agency or individual requesting the information is a criminal justice agency which has policies and procedures adopted by the Office of Attorney General in consultation with the Pennsylvania State Police which are consistent with this act and include:

(A)  Designation of an intelligence officer or officers by the head of the criminal justice agency or his designee.

(B)  Adoption of administrative, technical and physical safeguards, including audit trails, to insure against unauthorized access and against intentional or unintentional damages.

(C)  Labeling information to indicate levels of sensitivity and levels of confidence in the information.

(iii)  The information is requested in connection with the duties of the criminal justice agency requesting the information, and the request for information is based upon a name, fingerprints, modus operandi, genetic typing, voice print or other identifying characteristic.

(2)  If an intelligence officer of a disseminating agency is notified that intelligence information which has been previously disseminated to another criminal justice agency is materially misleading, obsolete or otherwise unreliable, the information shall be corrected and the recipient agency notified of the change within a reasonable period of time.

(3)  Criminal justice agencies shall establish retention schedules for intelligence information. Intelligence information shall be purged under the following conditions:

(i)  The data is no longer relevant or necessary to the goals and objectives of the criminal justice agency.

(ii)  The data has become obsolete, making it unreliable for present purposes and the utility of updating the data would be worthless.

(iii)  The data cannot be utilized for strategic or tactical intelligence studies.

(4)  Investigative and treatment information shall not be disseminated to any department, agency or individual unless the department, agency or individual requesting the information is a criminal justice agency which requests the information in connection with its duties, and the request is based upon a name, fingerprints, modus operandi, genetic typing, voice print or other identifying characteristic.

(5)  Each municipal police department accessing automated information shall file a copy of its procedures with the Pennsylvania State Police for approval. Such plan shall be reviewed within 60 days.

(6)  Each district attorney accessing automated information shall file a copy of its procedures with the Office of Attorney General for approval. Such plan shall be reviewed within 60 days.

(d)  Secondary dissemination prohibited.--A criminal justice agency which possesses information protected by this section, but which is not the source of the information, shall not disseminate or disclose the information to another criminal justice agency but shall refer the requesting agency to the agency which was the source of the information. This prohibition shall not apply if the agency receiving the information is investigating or prosecuting a criminal incident in conjunction with the agency possessing the information. Agencies receiving information protected by this section assume the same level of responsibility for the security of such information as the agency which was the source of the information.

(e)  Notations of the record.--Criminal justice agencies maintaining intelligence information, investigative information or treatment information must enter, as a permanent part of an individual's information file, a listing of all persons and agencies to whom they have disseminated that particular information, the date of the dissemination and the purpose for which the information was disseminated. This listing shall be maintained separate from the record itself.

(f)  Security requirements.--Every criminal justice agency collecting, storing or disseminating intelligence information, investigative information or treatment information shall insure the confidentiality and security of such information by providing that, wherever such information is maintained, a criminal justice agency must:

(1)  institute procedures to reasonably protect any repository from theft, fire, sabotage, flood, wind or other natural or manmade disasters;

(2)  select, supervise and train all personnel authorized to have access to intelligence information, investigative information or treatment information;

(3)  insure that, where computerized data processing is employed, the equipment utilized for maintaining intelligence information, investigative information or treatment information is dedicated solely to purposes related to the administration of criminal justice or, if the equipment is not used solely for the administration of criminal justice, the criminal justice agency is accorded equal management participation in computer operations used to maintain the intelligence information, investigative information or treatment information.

(f.1)  Child abuse investigations.--

(1)  Notwithstanding any other provision of this chapter and pursuant to the confidentiality provisions under 23 Pa.C.S. Ch. 63 (relating to child protective services), a criminal justice agency may disseminate information relating to an allegation or instance of child abuse to a county agency or the Department of Human Services for the purpose of investigating the allegation or instance of abuse or to a children's advocacy center for the purpose of providing services to investigating agencies, as those terms are defined in 23 Pa.C.S. § 6303 (relating to definitions), or to a multidisciplinary review team, multidisciplinary investigative team or child fatality or near fatality review team for the purposes specified in 23 Pa.C.S. § 6365 (relating to services for prevention, investigation and treatment of child abuse).

(2)  A person who is in receipt of confidential information under this subsection and disseminates the information to a person not specifically authorized to receive the information commits a violation of this section.

(g)  Penalties.--Any person, including any agency or organization, who violates the provisions of this section shall be subject to the administrative penalties provided in section 9181 (relating to general administrative sanctions) and the civil penalties provided in section 9183 (relating to civil actions) in addition to any other civil or criminal penalty provided by law.

(Dec. 14, 1979, P.L.556, No.127, eff. imd.; Dec. 19, 1990, P.L.1332, No.207, eff. 60 days; June 30, 2021, P.L.206, No.42, eff. 60 days)

 

2021 Amendment.  Act 42 added subsec. (f.1).

Cross References.  Section 9106 is referred to in section 9141 of this title; section 6365 of Title 23 (Domestic Relations).

 

 

SUBCHAPTER B

COMPLETENESS AND ACCURACY

 

Sec.

9111.  Duties of criminal justice agencies.

9112.  Mandatory fingerprinting.

9113.  Disposition reporting by criminal justice agencies.

9114.  Correction of inaccurate information.

 

Cross References.  Subchapter B is referred to in section 9104 of this title.

§ 9111.  Duties of criminal justice agencies.

It shall be the duty of every criminal justice agency within the Commonwealth to maintain complete and accurate criminal history record information and to report such information at such times and in such manner as required by the provisions of this chapter or other applicable statutes.

§ 9112.  Mandatory fingerprinting.

(a)  General rule.--Fingerprints of all persons arrested for a felony, misdemeanor or summary offense which becomes a misdemeanor on a second arrest after conviction of that summary offense, shall be taken by the arresting authority, and within 48 hours of the arrest, shall be forwarded to, and in a manner and such a form as provided by, the central repository.

(b)  Other cases.--

(1)  Where private complaints for a felony or misdemeanor result in a conviction, the court of proper jurisdiction shall order the defendant to submit for fingerprinting by the municipal police of the jurisdiction in which the offense was allegedly committed or in the absence of a police department, the State Police. Fingerprints so obtained shall, within 48 hours, be forwarded to the central repository in a manner and in such form as may be provided by the central repository.

(2)  Where defendants named in police complaints are proceeded against by summons, or for offenses under section 3929 (relating to retail theft), the court of proper jurisdiction shall order the defendant to submit within five days of such order for fingerprinting by the municipal police of the jurisdiction in which the offense allegedly was committed or, in the absence of a police department, the State Police. Fingerprints so obtained shall, within 48 hours, be forwarded to the central repository in a manner and in such form as may be provided by the central repository.

(c)  Transmittal of information.--The central repository shall transmit the criminal history record information to the criminal justice agency which submitted a complete, accurate and classifiable fingerprint card.

(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 11, 1982, P.L.476, No.138, eff. 180 days)

 

Cross References.  Section 9112 is referred to in section 6309 of Title 42 (Judiciary and Judicial Procedure).

§ 9113.  Disposition reporting by criminal justice agencies.

(a)  Reports of dispositions required.--All criminal justice agencies, including but not limited to, courts, county, regional and State correctional institutions and parole and probation agencies, shall collect and submit reports of dispositions occurring within their respective agencies for criminal history record information, within 90 days of the date of such disposition to the central repository as provided for in this section.

(b)  Courts.--Courts shall collect and submit criminal court dispositions as required by the Administrative Office of Pennsylvania Courts.

(c)  Correctional institutions.--County, regional and State correctional institutions shall collect and submit information regarding the admission, release and length of sentence of individuals sentenced to local and county institutions as required by the Bureau of Correction.

(d)  Probation and parole offices.--County probation and parole offices shall collect and submit information relating to the length of time and charges for which an individual is placed under and released from the jurisdiction of such agency as required by the Pennsylvania Board of Probation and Parole.

(e)  State agencies.--The Administrative Office of Pennsylvania Courts, the Bureau of Correction, the Pennsylvania Board of Probation and Parole and the Pennsylvania Board of Pardons shall collect and submit to the central repository such information necessary to maintain complete and accurate criminal history record information. Each State agency listed in this subsection shall submit to the central repository any reports of dispositions occurring within their respective agencies and such information reported from county and local criminal justice agencies.

 

References in Text.  The Bureau of Correction, referred to in subsecs. (c) and (e), is now the Department of Corrections.

Cross References.  Section 9113 is referred to in section 6309 of Title 42 (Judiciary and Judicial Procedure).

§ 9114.  Correction of inaccurate information.

Within 15 days of the detection of inaccurate data in a criminal history record, regardless of the manner of discovery, the criminal justice agency which reported the information shall comply with the following procedures to effect correction:

(1)  Correct its own records.

(2)  Notify all recipients, including the central repository, of the inaccurate data and the required correction.

 

 

SUBCHAPTER C

DISSEMINATION OF CRIMINAL HISTORY

RECORD INFORMATION

 

Sec.

9121.  General regulations.

9122.  Expungement.

9122.1. Petition for limited access.

9122.2. Clean slate limited access.

9122.3. Exceptions.

9122.4. Order to vacate order for limited access.

9122.5. Effects of expunged records and records subject to limited access.

9122.6. Employer immunity from liability.

9123.  Juvenile records.

9124.  Use of records by licensing agencies.

9125.  Use of records for employment.

§ 9121.  General regulations.

(a)  Dissemination to criminal justice agencies.--Criminal history record information maintained by any criminal justice agency shall be disseminated without charge to any criminal justice agency or to any noncriminal justice agency that is providing a service for which a criminal justice agency is responsible.

(b)  Dissemination to noncriminal justice agencies and individuals.--Criminal history record information shall be disseminated by the Pennsylvania State Police to any individual or noncriminal justice agency only upon request. Other criminal justice agencies may disseminate criminal history record information to any individual or noncriminal justice agency only as they deem necessary to carry out their law enforcement functions as otherwise allowed by this chapter. The following apply:

(1)  A fee may be charged by the Pennsylvania State Police 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 the Pennsylvania State Police 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).

(3)  A court or the Administrative Office of Pennsylvania Courts may not disseminate to an individual, a noncriminal justice agency or an Internet website any criminal history record information relating to a charge which is the subject of a court order for limited access as provided in section 9122.1 or 9122.2. Nothing in this paragraph shall permit a county clerk of courts or any other official to refuse access to criminal history record information related to convictions that have not been afforded limited access solely because one or more charges arising out of the same conduct or criminal episode have been afforded limited access, as provided in sections 9122.1 or 9122.2 or nolle prossed, withdrawn or dismissed.

(b.1)  Exception.--Subsection (b)(1) and (2) shall not apply if the request is made by a county children and youth agency or the Department of Human Services in the performance of duties relating to children and youth under the act of June 24, 1937 (P.L.2017, No.396), known as the County Institution District Law, section 2168 of the act of August 9, 1955 (P.L.323, No.130), known as The County Code, the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, 23 Pa.C.S. Ch. 63 (relating to child protective services) or 42 Pa.C.S. Ch. 63 (relating to juvenile matters).

(b.2)  Additional exceptions.--

(1)  Subsection (b)(2)(ii) and (iii) shall not apply if the request is made under a court order:

(i)  In a case brought under 23 Pa.C.S. Ch. 53 (relating to child custody) or 61 (relating to protection from abuse).

(ii)  By an employer against whom a claim of civil liability has been brought as described under section 9122.6 (relating to employer immunity from liability) for purposes of defending against a claim of civil liability.

(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 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.

(c)  Data required to be kept.--Any criminal justice agency which disseminates criminal history record information must indicate to the recipient that the information disseminated is only that information contained in its own file, the date of the last entry, and that a summary of the Statewide criminal history record information may be obtained from the central repository.

(d)  Extracting from the record.--When criminal history record information is maintained by a criminal justice agency in records containing investigative information, intelligence information, treatment information or other nonpublic information, the agency may extract and disseminate only the criminal history record information if the dissemination is to be made to a noncriminal justice agency or individual.

(e)  Dissemination procedures.--Criminal justice agencies may establish reasonable procedures for the dissemination of criminal history record information.

(f)  Notations on record.--Repositories must enter as a permanent part of an individual's criminal history record information file, a listing of all persons and agencies to whom they have disseminated that particular criminal history record information and the date and purpose for which the information was disseminated. Such listing shall be maintained separate from the record itself.

(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 11, 1982, P.L.476, No.138, eff. 180 days; July 2, 1996, P.L.480, No.76, eff. 60 days; Dec. 21, 1998, P.L.1103, No.149, eff. 60 days; Oct. 28, 2002, P.L.888, No.129, eff. imd.; Feb. 16, 2016, P.L.10, No.5, eff. 270 days; June 28, 2018, P.L.402, No.56, eff. 365 days; Dec. 14, 2023, P.L.334, No.36, eff. 60 days)

 

2023 Amendment.  Act 36 amended subsecs. (b) and (b.2)(2).

2018 Amendment.  Act 56 amended subsecs. (b) intro. par., (b)(2) and (3), (b.1) and (b.2). See the preamble to Act 56 in the appendix to this title for special provisions relating to findings and declarations.

1996 Amendment.  Act 76 amended subsec. (b) and added subsec. (b.1).

1982 Amendment.  Act 138 amended subsecs. (a) and (b).

Cross References.  Section 9121 is referred to in sections 9122.1, 9122.2, 9122.5 of this title; sections 314, 1206, 3305 of Title 4 (Amusements); section 3505 of Title 5 (Athletics and Sports); section 3705 of Title 22 (Detectives and Private Police); section 6344 of Title 23 (Domestic Relations); sections 2161, 6309 of Title 42 (Judiciary and Judicial Procedure); section 2164 of Title 53 (Municipalities Generally).

§ 9122.  Expungement.

(a)  Specific proceedings.--Criminal history record information in a specific criminal proceeding shall be expunged 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 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 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 of any conviction eligible for expungement under subsection (a)(2.1) to the court of common pleas in the jurisdiction where the conviction occurred.

(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 when:

(1)  An individual who is the subject of the information reaches 70 years of age and has been free of arrest or prosecution for ten years following final release from confinement or supervision.

(2)  An individual who is the subject of the information has been dead for three years.

(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.1)  Prohibition.--A court shall not have the authority to order expungement of the defendant's arrest record where the defendant was placed on Accelerated Rehabilitative Disposition for a violation of any offense set forth in any of the following where the victim is under 18 years of age:

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

Section 5902(b) (relating to prostitution and related offenses).

Section 5903 (relating to obscene and other sexual materials and performances).

(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 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 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.

(e)  Public records.--Public records listed in section 9104(a) (relating to scope) shall not be expunged.

(f)  District attorney's notice.--The court shall give ten days prior notice to the district attorney of the county where the original charge was filed of any applications for expungement under the provisions of subsection (a)(2).

(June 11, 1982, P.L.476, No.138, eff. 180 days; Oct. 16, 1996, P.L.715, No.128, eff. 60 days; Apr. 22, 1997, P.L.73, No.5, eff. 60 days; Nov. 29, 2004, P.L.1349, No.173, eff. 60 days Nov. 26, 2008, P.L.1670, No.134, eff. 60 days; Oct. 25, 2012, P.L.1655, No.204, eff. 60 days; Oct. 29, 2020, P.L.718, No.83, eff. 60 days; Dec. 14, 2023, P.L.334, No.36, eff. 180 days)

 

2023 Amendment.  Act 36 amended subsec. (a) and added subsec. (a.1).

2012 Amendment.  Act 204 amended subsecs. (a)(3) and (d).

2008 Amendment.  Act 134 amended subsecs. (b), (b.1) and (c).

1982 Amendment.  Act 138 amended subsec. (f).

References in Text.  18 Pa.C.S. § 6310.4, referred to in subsec. (a)(3), was repealed by the act of October 24, 2018 (P.L.659, No.95).

Cross References.  Section 9122 is referred to in sections 3019, 9102 of this title; section 1725.7 of Title 42 (Judiciary and Judicial Procedure).

References in Text.  Section 6310.4, referred to in subsec. (a)(3), was repealed.

§ 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 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 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 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).

(ii)  An offense under Article D of Part II (relating to offenses against the family).

(iii)  An offense under Chapter 61 (relating to firearms and other dangerous articles).

(iv)  An offense specified in 42 Pa.C.S. §§ 9799.14 (relating to sexual offenses and tier system) and 9799.55 (relating to registration).

(v)  An offense under section 6301(a)(1) (relating to corruption of minors).

(2)  An individual who meets any of the following:

(i)  Has been convicted of murder, a felony of the first degree or an offense punishable by imprisonment of 20 or more years.

(ii)  Has been convicted within the previous 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;

(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).

(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 10 years, been convicted of two or more offenses punishable by more than two years in prison.

(A)  (Deleted by amendment).

(B)  (Deleted by amendment).

(3)  (Deleted by amendment).

(4)  (Deleted by amendment).

(5)  (Deleted by amendment).

(6)  (Deleted by amendment).

(7)  (Deleted by amendment).

(8)  (Deleted by amendment).

(9)  (Deleted by amendment).

(b.1)  Consolidation.--For the purpose of this section, the 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.

(c)  Notice to district attorney.--The court shall provide notice of the filing of a petition under subsection (a) to the district attorney within 10 days. Within 30 days of receipt of notice, the district attorney may file objections to the petition. If no objection is timely filed, the court may grant the petition without further hearing if the requirements of this section have been met.

(d)  Notice to central repository.--Notice of an order for limited access shall promptly be submitted to the central repository which shall notify all criminal justice agencies which have received criminal history record information related to such conviction that access to such criminal history record has been limited by order of the court.

(Feb. 16, 2016, P.L.10, No.5, eff. 270 days; June 28, 2018, P.L.402, No.56, eff. 180 days; Oct. 29, 2020, P.L.718, No.83, eff. 60 days; Dec. 14, 2023, P.L.334, No.36, eff. 60 days)

 

2023 Amendment.  Act 36 amended subsecs. (a) and (b)(1)(i) and (2)(ii) and (iii) and added subsecs. (a.1) and (b.1).

2018 Amendment.  Act 56 amended the section heading and subsecs. (a) and (b). See section 4(2) of the preamble to Act 56 in the appendix to this title for special provisions relating to applicability. See the preamble to Act 56 in the appendix to this title for special provisions relating to findings and declarations.

2016 Amendment.  Act 5 added section 9122.1.

Cross References.  Section 9122.1 is referred to in sections 9121, 9122.3, 9122.5, 9122.6, 9124 of this title; section 1725.7 of Title 42 (Judiciary and Judicial Procedure).

§ 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 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 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.

(2)  Criminal history record information pertaining to charges which resulted in a final disposition other than a conviction.

(3)  Criminal history record information pertaining to a conviction for a summary offense when 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.

(4)  Criminal history record information pertaining to a conviction for which a conditional pardon was granted.

(b)  Procedures.--

(1)  On a monthly basis, the Administrative Office of Pennsylvania Courts shall transmit to the Pennsylvania State Police central repository the record of any conviction eligible for limited access under subsection (a)(1).

(2)  The Administrative Office of Pennsylvania Courts shall transmit to the Pennsylvania State Police repository:

(i)  The record of charges subject to limited access under subsection (a)(2) within 30 days after entry of the disposition and payment of any ordered restitution.

(ii)  The record of any conviction under subsection (a)(3) within 30 days after the record becomes subject to limited access.

(3)  If the Pennsylvania State Police central repository determines through a validation process that a record transmitted is not eligible for limited access relief under subsection (a) or does not match data held in the repository, the Pennsylvania State Police shall notify the Administrative Office of Pennsylvania Courts of this determination within 30 days of receiving the information.

(4)  Upon the expiration of the 30-day period, the Administrative Office of Pennsylvania Courts shall remove from the list of eligible records any record for which the Administrative Office of Pennsylvania Courts received a notification of ineligibility or nonmatch with repository data.

(5)  Each court of common pleas shall issue monthly an order for limited access for any record in its judicial district for which no notification of ineligibility was received by the Administrative Office of Pennsylvania Courts.

(c)  Limitation on release of records.--A criminal history record that is the subject of an order for limited access under this section shall be made available to a noncriminal justice agency only as provided for in section 9121(b), (b.1) and (b.2) (relating to general regulations).

(June 28, 2018, P.L.402, No.56, eff. 365 days; Oct. 29, 2020, P.L.718, No.83, eff. 60 days; Dec. 14, 2023, P.L.334, No.36)

 

2023 Amendment.  Act 36 amended subsec. (a)(1), (3) and (4) and added subsec. (a)(1.1), effective in 60 days as to the amendment of subsec. (a)(4) and 180 days as to the remainder of the section.

2020 Amendment.  Act 83 amended subsecs. (a)(1) and (3) and (b)(2)(i) and added subsec. (a)(4). Section 5 of Act 83 provided that within 365 days of the effective date of section 5, the Administrative Office of Pennsylvania Courts, the Pennsylvania Board of Pardons and the Pennsylvania State Police shall identify and complete the processing of records that are eligible for clean slate limited access under subsecs. (a)(1), (3) and (4) of this section.

2018 Amendment.  Act 56 added section 9122.2. See section 4(1) of Act 56 in the appendix to this title for special provisions relating to applicability. See the preamble to Act 56 in the appendix to this title for special provisions relating to findings and declarations.

Cross References.  Section 9122.2 is referred to in sections 9121, 9122.3, 9122.4, 9122.5, 9122.6, 9124 of this title.

§ 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:

(1)  A conviction for any of the following or an 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).

(ii)  An offense under Article D of Part II (relating to offenses against the family).

(iii)  An offense under Chapter 61 (relating to firearms and other dangerous articles).

(iv)  An offense specified under 42 Pa.C.S. §§ 9799.14 (relating to sexual offenses and tier system) and 9799.55 (relating to registration).

(v)  An offense under section 5533 (relating to cruelty to animal).

(vi)  An offense under section 6301 (relating to corruption of minors).

(2)  An individual who at any time has been convicted of:

(i)  A felony, excluding a qualifying offense.

(ii)  Two or more offenses punishable by imprisonment of more than two years.

(iii)  Four or more offenses punishable by imprisonment of one or more years.

(iv)  An offense under the following:

(A)  Section 3127 (relating to indecent exposure).

(B)  Section 3129 (relating to sexual intercourse with animal).

(C)  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).

(D)  Section 5122 (relating to weapons or implements for escape).

(E)  Section 5510 (relating to abuse of corpse).

(F)  Section 5515 (relating to prohibiting of paramilitary training).

(a.1)  Consolidation.--For the purpose of this section, the 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 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.

(June 28, 2018, P.L.402, No.56, eff. 365 days; Dec. 14, 2023, P.L.334, No.36, eff. 180 days)

 

2023 Amendment.  Act 36 amended subsecs. (a)(2)(i), (b) and (c) and added subsec. (a.1).

2018 Amendment.  Act 56 added section 9122.3. See the preamble to Act 56 in the appendix to this title for special provisions relating to findings and declarations.

Cross References.  Section 9122.3 is referred to in section 9122.2 of this title.

§ 9122.4.  Order to vacate order for limited access.

(a)  General rule.--Upon petition of the prosecuting attorney to the court where a conviction occurred, and with notice to the defendant and opportunity to be heard, the court shall vacate an order for limited access granted under section 9122.2 (relating to clean slate limited access) if the court determines that the order was erroneously entered and not in accordance with section 9122.2.

(b)  Conviction.--Upon conviction of a misdemeanor or felony offense and motion of the prosecuting attorney, the court shall enter an order vacating any prior order for limited access pertaining to a record of the defendant, except under section 9122.2(a)(2).

(c)  Transmission to repository.--An order under subsection (a) or (b) shall be transmitted to the central repository of the Pennsylvania State Police.

(June 28, 2018, P.L.402, No.56, eff. 365 days)

 

2018 Amendment.  Act 56 added section 9122.4. See the preamble to Act 56 in the appendix to this title for special provisions relating to findings and declarations.

Cross References.  Section 9122.4 is referred to in section 9122.2 of this title.

§ 9122.5.  Effects of expunged records and records subject to limited access.

(a)  Disclosure.--

(1)  Except if requested or required by a criminal justice agency, or if disclosure to noncriminal justice agencies is authorized or required by section 9121(b.1) and (b.2) (relating to general regulations), an individual may not be required or requested to disclose information about the individual's criminal history record that has been expunged or provided limited access under section 9122.1 (relating to petition for limited access) or 9122.2 (relating to clean slate limited access). An individual required or requested to provide information in violation of this section may respond as if the offense did not occur.

(2)  This subsection shall not apply if Federal law, including rules and regulations promulgated by a self-regulatory organization that has been created under Federal law, requires the consideration of an applicant's criminal history for purposes of employment.

(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.

(b)  Disqualification by law.--An expunged record or a record subject to limited access under section 9122.1 or 9122.2 may not be considered a conviction that would prohibit the employment of a person under any law of this Commonwealth or under Federal laws that prohibit employment based on State convictions to the extent permitted by Federal law.

(c)  Use for sentencing.--Notwithstanding any other provision of this chapter, a record subject to limited access under section 9122.1 or 9122.2 shall remain part of a person's criminal history record information and shall be disclosed to a court for any relevant purpose in accordance with law, including sentencing.

(c.1)  Use for eligibility for public office.--Notwithstanding any other provision of this chapter, a record 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.

(d)  Use and disclosure of information.--Notwithstanding any other provision of this chapter, the Pennsylvania Commission on Sentencing may maintain a list of the names and other criminal history record information of persons whose records are required by law, court rule or court order to be expunged or subject to limited access under this chapter. The information:

(1)  shall be used solely for the purposes of conducting research and collecting and reporting statistical data under 42 Pa.C.S. § 2153 (relating to powers and duties of commission); and

(2)  may not be disclosed unless authorized or required by section 9121(b.1) and (b.2).

(June 28, 2018, P.L.402, No.56, eff. 365 days; Oct. 29, 2020, P.L.718, No.83, eff. 60 days; Dec. 14, 2023, P.L.334, No.36, eff. 60 days)

 

2023 Amendment.  Act 36 added subsecs. (a.1) and (c.1).

2020 Amendment.  Act 83 added subsecs. (c) and (d).

2018 Amendment.  Act 56 added section 9122.5. See the preamble to Act 56 in the appendix to this title for special provisions relating to findings and declarations.

Cross References.  Section 9122.5 is referred to in section 9122.6 of this title.

§ 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.

(June 28, 2018, P.L.402, No.56, eff. 365 days; Dec. 14, 2023, P.L.334, No.36, eff. 60 days)

 

2018 Amendment.  See the preamble to Act 56 in the appendix to this title for special provisions relating to findings and declarations.

Cross References.  Section 9122.6 is referred to in section 9121 of this title.

§ 9123.  Juvenile records.

(a)  Expungement of juvenile records.--Notwithstanding the provisions of section 9105 (relating to other criminal justice information) and except as provided under subsection (a.1), expungement of records of juvenile delinquency cases and cases involving summary offenses committed while the individual was under 18 years of age, wherever kept or retained, shall occur after 30 days' notice to the district attorney whenever the court upon its own motion or upon the motion of a child or the parents or guardian finds:

(1)  a complaint is filed which is not substantiated or the petition which is filed as a result of a complaint is dismissed by the court;

(1.1)  a written allegation is filed which was not approved for prosecution;

(1.2)  six months have elapsed since the individual successfully completed an informal adjustment and no proceeding seeking adjudication or conviction is pending;

(2)  six months have elapsed since the final discharge of the person from supervision under a consent decree or diversion program, including a program under 42 Pa.C.S. § 1520 (relating to adjudication alternative program) and no proceeding seeking adjudication or conviction is pending;

(2.1)  the individual is 18 years of age or older and six months have elapsed since the individual has satisfied all terms and conditions of the sentence imposed following a conviction for a summary offense, with the exception of a violation of section 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages), committed while the individual was under 18 years of age and, since satisfying all terms and conditions of the sentence, the individual has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending to seek such conviction and adjudication;

(2.2)  the individual is 18 years of age or older and has been convicted of a violation of section 6308 which occurred while the individual was under 18 years of age and six months have elapsed since the individual has satisfied all terms and conditions of the sentence imposed for the violation, including any suspension of operating privileges imposed under section 6310.4 (relating to restriction of operating privileges). Expungement shall include all criminal history record information and all administrative records of the Department of Transportation relating to the conviction;

(3)  five years have elapsed since the final discharge of the person from commitment, placement, probation or any other disposition and referral and since such final discharge, the person has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending seeking such conviction or adjudication; or

(4)  the attorney for the Commonwealth consents to the expungement and a court orders the expungement after giving consideration to the following factors:

(i)  the type of offense;

(ii)  the individual's age, history of employment, criminal activity and drug or alcohol problems;

(iii)  adverse consequences that the individual may suffer if the records are not expunged; and

(iv)  whether retention of the record is required for purposes of protection of the public safety.

(a.1)  Exceptions.--Subsection (a) shall not apply if any of the following apply:

(1)  The individual meets all of the following:

(i)  Was 14 years of age or older at the time the individual committed an offense which, if committed by an adult, would be classified as:

(A)  An offense under section 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse) or 3125 (relating to aggravated indecent assault).

(B)  An attempt, solicitation or conspiracy to commit an offense under section 3121, 3123 or 3125.

(ii)  Was adjudicated delinquent for the offense under subparagraph (i).

(2)  Upon cause shown.

(b)  Notice to prosecuting attorney.--The court shall give notice of the applications for the expungement of juvenile records to the prosecuting attorney.

(c)  Dependent children.--All records of children alleged to be or adjudicated dependent may be expunged upon court order after the child is 21 years of age or older.

(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 11, 1982, P.L.476, No.138, eff. 180 days; Dec. 11, 1986, P.L.1517, No.164, eff. 60 days; Mar. 15, 1995, 1st Sp.Sess., P.L.978, No.7, eff. 60 days; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Oct. 25, 2012, P.L.1655, No.204, eff. 60 days; Sept. 27, 2014, P.L.2482, No.138, eff. 60 days)

 

2014 Amendment.  Act 138 amended subsec. (a)(2.1).

2012 Amendments.  Act 91 amended subsec. (a) intro. par. and added subsec. (a.1) and Act 204 amended subsec. (a).

References in Text.  18 Pa.C.S. § 6310.4, referred to in subsec. (a)(2.2), was repealed by the act of October 24, 2018 (P.L.659, No.95).

Cross References.  Section 9123 is referred to in sections 2709, 9105 of this title; section 6328 of Title 42 (Judiciary and Judicial Procedure).

§ 9124.  Use of records by licensing agencies.

(a)  State agencies.--Except as provided by this chapter and specifically subsection (a.1), a board, commission or department of the Commonwealth, when determining eligibility for licensing, certification, registration or permission to engage in a trade, profession or occupation, may consider convictions of the applicant of crimes but the convictions shall not preclude the issuance of a license, certificate, registration or permit.

(a.1)  Application of other law.--The following provisions shall apply to a licensing board or licensing commission under the Bureau of Professional and Occupational Affairs in the Department of State with respect to refusing to issue or renew, suspending, revoking or limiting a license, certificate, registration or permit:

(1)  63 Pa.C.S. § 3112 (relating to restricted licenses for barbers and cosmetologists).

(2)  63 Pa.C.S. § 3112.1 (relating to restricted licenses for other occupations).

(3)  63 Pa.C.S. § 3113 (relating to consideration of criminal convictions).

(4)  63 Pa.C.S. § 3114 (relating to juvenile adjudications).

(5)  63 Pa.C.S. § 3115 (relating to preliminary determinations by licensing boards and licensing commissions).

(6)  63 Pa.C.S. § 3116 (relating to best practices guide).

(7)  63 Pa.C.S. § 3117 (relating to list of criminal offenses).

(b)  Prohibited use of information.--The following information shall not be used in consideration of an application for a license, certificate, registration or permit:

(1)  Records of arrest if there is no conviction of a crime based on the arrest.

(2)  Convictions which have been annulled, expunged or subject to limited access under sections 9122.1 (relating to petition for limited access) and 9122.2 (relating to clean slate limited access).

(3)  Convictions of a summary offense.

(4)  Convictions for which the individual has received a pardon from the Governor.

(5)  Convictions which do not relate to the applicant's suitability for the license, certificate, registration or permit.

(c)  State action authorized.--Boards, commissions or departments of the Commonwealth authorized to license, certify, register or permit the practice of trades, occupations or professions may refuse to grant or renew, or may suspend or revoke any license, certificate, registration or permit for the following causes:

(1)  Where the applicant has been convicted of a felony.

(2)  Where the applicant has been convicted of a misdemeanor which relates to the trade, occupation or profession for which the license, certificate, registration or permit is sought.

(d)  Notice.--The board, commission or department shall notify the individual in writing of the reasons for a decision which prohibits the applicant from practicing the trade, occupation or profession if such decision is based in whole or part on conviction of any crime.

(Dec. 14, 1979, P.L.556, No.127, eff. imd.; July 1, 2020, P.L.575, No.53, eff. imd.)

 

2020 Amendment.  Act 53 amended subsecs. (a) and (b)(2) and added subsec. (a.1)

1979 Amendment.  Act 127 amended subsec. (b).

Cross References.  Section 9124 is referred to in section 1310 of Title 4 (Amusements); section 3113 of Title 63 (Professions and Occupations (State Licensed)).

§ 9125.  Use of records for employment.

(a)  General rule.--Whenever an employer is in receipt of information which is part of an employment applicant's criminal history record information file, it may use that information for the purpose of deciding whether or not to hire the applicant, only in accordance with this section.

(b)  Use of information.--Felony and misdemeanor convictions may be considered by the employer only to the extent to which they relate to the applicant's suitability for employment in the position for which he has applied.

(c)  Notice.--The employer shall notify in writing the applicant if the decision not to hire the applicant is based in whole or in part on criminal history record information.

(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 11, 1982, P.L.476, No.138, eff. 180 days)

 

1982 Amendment.  Act 138 amended subsec. (b).

 

 

SUBCHAPTER D

SECURITY

 

Sec.

9131.  Security requirements for repositories.

 

Cross References.  Subchapter D is referred to in section 9104 of this title.

§ 9131.  Security requirements for repositories.

Every criminal justice agency collecting, storing or disseminating criminal history record information shall ensure the confidentiality and security of criminal history record information by providing that wherever such information is maintained, a criminal justice agency must:

(1)  Institute procedures to reasonably protect any repository from theft, fire, sabotage, flood, wind or other natural or man-made disasters.

(2)  Select, supervise and train all personnel authorized to have access to criminal history record information.

(3)  Ensure that, where computerized data processing is employed, the equipment utilized for maintaining criminal history record information is solely dedicated to purposes related to the administration of criminal justice, or, if the equipment is not used solely for the administration of criminal justice, the criminal justice agency shall be accorded equal management participation in computer operations used to maintain the criminal history record information.

(June 11, 1982, P.L.476, No.138, eff. 180 days)

 

 

SUBCHAPTER E

AUDIT

 

Sec.

9141.  Audits.

9142.  Quality control.

9143.  Regulations.

§ 9141.  Audits.

(a)  Audit required.--

(1)  The Attorney General shall conduct annual audits of the central repository and of a representative sample of all repositories. The Office of Attorney General shall conduct a review of State criminal justice agencies' automated policies and procedures established pursuant to section 9106 (relating to information in central repository or automated systems) to ensure that the provisions of this chapter are upheld within two years of the effective date of this act.

(2)  The Pennsylvania State Police shall conduct an annual audit of at least 5% of all municipal police department plans, policies or procedures which are implemented pursuant to section 9106(c) to ensure that the provisions of this chapter are upheld. The first such audit shall be conducted within two years of the effective date of this act. A copy of the audit shall be submitted to the Attorney General.

(b)  Access to records.--Persons conducting the audit shall be provided access to all records, reports and listings required to conduct an audit of criminal history record information, and all persons with access to such information or authorized to receive such information shall cooperate with and provide information requested.

(c)  Contents of audit.--The audit shall contain a report of deficiencies and recommendations for the correction of such deficiencies. Upon the completion of every audit, the audited agency shall carry out the recommendations within a reasonable period of time unless the audit report is appealed to the Attorney General and the appeal is upheld.

(d)  Modification of recommendations.--The Attorney General shall have the power to modify the corrective measures recommended by the audit.

(Dec. 19, 1990, P.L.1332, No.207, eff. imd.)

§ 9142.  Quality control.

Each repository shall establish effective procedures, in compliance with rules and regulations promulgated by the Attorney General, for the completeness and accuracy of criminal history record information.

§ 9143.  Regulations.

It shall be the duty and responsibility of the Attorney General, in consultation with the Pennsylvania State Police, to adopt rules and regulations pursuant to this act. The Office of Attorney General, in consultation with the Pennsylvania State Police, shall have the power and authority to promulgate, adopt, publish and use guidelines for the implementation of this act for a period of one year immediately following the effective date of this section pending adoption of final rules and regulations.

(Dec. 19, 1990, P.L.1332, No.207, eff. imd.)

 

1990 Amendment.  Act 207 added section 9143.

 

 

SUBCHAPTER F

INDIVIDUAL RIGHT OF ACCESS AND REVIEW

 

Sec.

9151.  Right to access and review.

9152.  Procedure.

9153.  Individual rights on access and review.

 

Cross References.  Subchapter F is referred to in section 9104 of this title.

§ 9151.  Right to access and review.

(a)  General rule.--Any individual or his legal representative has the right to review, challenge, correct and appeal the accuracy and completeness of his criminal history record information.

(b)  Prisoners.--Persons incarcerated in correctional facilities and institutions may authorize a correctional employee to obtain a copy of their criminal history record information for the purpose of review, challenge and appeal.

§ 9152.  Procedure.

(a)  Rules and regulations.--The Attorney General in cooperation with appropriate criminal justice agencies shall promulgate rules and regulations to implement this section and shall establish reasonable fees.

(b)  Requests for information.--Any individual requesting to review his or her own criminal history record information shall submit proper identification to the criminal justice agency which maintains his or her record. Proper identification shall be determined by the officials of the repository where the request is made. If criminal history record information exists the individual may review a copy of such information without undue delay for the purpose of review and challenge.

(c)  Challenge of accuracy.--The individual may challenge the accuracy of his or her criminal history record information by specifying which portion of the record is incorrect and what the correct version should be. Failure to challenge any portion of the record in existence at that time will place the burden of proving the inaccuracy of any part subsequently challenged upon the individual. Information subsequently added to such record shall also be subject to review, challenge, correction or appeal.

(d)  Review of challenge.--All criminal justice agencies shall have 60 days to conduct a review of any challenge and shall have the burden of proving the accuracy of the record. The decision on the challenge shall include all information, including, but not limited to, the jurisdiction and docket number of any relevant court decision which formed a basis for the decision. If the challenge is deemed valid, the appropriate officials must ensure that:

(1)  The criminal history record information is corrected.

(2)  A certified and corrected copy of the criminal history record information is provided to the individual.

(3)  Prior erroneous criminal history record information disseminated to criminal justice agencies shall be destroyed or returned and replaced with corrected information.

(4)  The individual is supplied with the names of those noncriminal justice agencies and individuals which have received erroneous criminal history record information.

(e)  Appeals.--

(1)  If the challenge is ruled invalid, an individual has the right to appeal the decision to the Attorney General within 30 days of notification of the decision by the criminal justice agency.

(2)  The Attorney General shall conduct a hearing de novo in accordance with the Administrative Agency Law. The burden of proof shall be upon the party bearing the burden of proof on the challenge.

(3)  The decision of the Attorney General may be appealed to the Commonwealth Court by an aggrieved individual.

(Oct. 17, 2008, P.L.1628, No.131, eff. imd.)

 

2008 Amendment.  Act 131 amended subsecs. (d) and (e).

 

§ 9153.  Individual rights on access and review.

Any individual exercising his or her right to access and review under the provisions of this subchapter shall be informed when criminal history record information is made available that he or she is under no obligation to divulge such information to any person or agency.

 

SUBCHAPTER F.1

CRIME VICTIM RIGHT OF ACCESS

 

Sec.

9158.  Definitions.

9158.1. Right to access.

9158.2. Access.

9158.3. Denial.

9158.4. Judicial review.

9158.5. Protection of information.

9158.6. Current dissemination not limited.

9158.7. Rules and regulations.

 

Enactment.  Subchapter F.1 was added November 3, 2022, P.L.1979, No.134, effective in 180 days.

 

§ 9158.  Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Child abuse."  As defined in 23 Pa.C.S. § 6303(b.1) (relating to definitions).

"Crime victim."  As defined as "direct victim" in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

"Domestic violence."  An offense under section 2701 (relating to simple assault), 2702 (relating to aggravated assault), 2709.1 (relating to stalking) or 2718 (relating to strangulation) perpetrated against a family or household member, as defined in 23 Pa.C.S. § 6102 (relating to definitions).

"Records information officer."  The head of the criminal justice agency or a designee.

"Request for dissemination."  A request under section 9158.2 (relating to access).

"Requesting party."  A crime victim or a defendant in a civil action in which a crime victim is a party.

"Sexual abuse."  Conduct which occurs in this Commonwealth and would constitute an offense under any of the following provisions:

Section 3011(a)(1) or (2) or (b) (relating to trafficking in individuals).

Section 3012 (relating to involuntary servitude) as it relates to sexual servitude.

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2 (relating to institutional sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

Section 4302 (relating to incest).

Section 6312 (relating to sexual abuse of children).

Section 6320 (relating to sexual exploitation of children).

"Third-party victim."  A crime victim other than the crime victim making a request for dissemination and other than the crime victim who is the plaintiff in the underlying civil action.

§ 9158.1.  Right to access.

A requesting party or a requesting party's legal representative may obtain criminal history investigative information under this subchapter for use in or investigation of an actual or potential civil action in this Commonwealth relating to that criminal history investigative information.

§ 9158.2.  Access.

(a)  General rule.--

(1)  A requesting party may request the dissemination of criminal history investigative information that is directly related to a civil action pending in a court in this Commonwealth.

(2)  A crime victim or the crime victim's representative may request the dissemination of criminal history investigative information that is material and necessary to the investigation or preparation of a civil action in this Commonwealth.

(b)  Request.--A request for dissemination shall include an unsworn statement by the requesting party or the requesting party's legal representative, made subject to the penalties of section 4904 (relating to unsworn falsification to authorities), that the requested information is directly related to a civil action pending in a court in this Commonwealth or, if the requesting party is a crime victim or the crime victim's legal representative, material and necessary to the investigation or preparation of a civil action in this Commonwealth. A request for dissemination shall identify or describe the information sought with sufficient specificity to enable the criminal justice agency to ascertain which information is being requested.

(c)  Service.--A request for dissemination shall be served on the records information officer. Service shall be effective upon receipt of the request by the records information officer or head of the criminal justice agency via personal service or certified mail with receipt.

(d)  Dissemination.--Subject to section 9158.3 (relating to denial), a criminal justice agency shall disseminate criminal history investigative information in response to a request for dissemination within 60 days of receipt of the request for dissemination or by the date returnable on the request for dissemination, whichever is later. The criminal justice agency may impose reasonable fees for costs incurred to comply with the request.

(e)  Receipt of information.--Dissemination of information under this section may be made to the requesting party or the requesting party's legal representative, or the attorney for the requesting party or the requesting party's legal representative, as directed by the request for information. Criminal history investigative dissemination obtained under this subchapter shall be discoverable in a civil action directly related to the crime, unless otherwise nondiscoverable or privileged from discovery.

(f)  Subpoenas.--A criminal justice agency may, in its sole discretion, respond to a subpoena in a pending civil action seeking disclosure of criminal history investigative information as a request for dissemination under this subchapter. Nothing under this subchapter shall relieve a criminal justice agency of also responding to a subpoena as otherwise required by law or court rule.

 

Cross References.  Section 9158.2 is referred to in section 9158 of this title.

§ 9158.3.  Denial.

(a)  Grounds.--A criminal justice agency shall deny a request for dissemination if the criminal justice agency determines:

(1)  That, absent reasonable redactions, the dissemination of the requested information:

(i)  endangers a person or public safety;

(ii)  adversely affects an investigation or ongoing prosecution; or

(iii)  relates to law enforcement's use of confidential informants or discloses investigative techniques and procedures.

(2)  Either that:

(i)  The criminal history investigative information is not:

(A)  directly relating to a civil action pending in a court in this Commonwealth; or

(B)  material and necessary to the investigation or preparation of a civil action in this Commonwealth.

(ii)  Dissemination of the requested information would identify a third-party victim of child abuse, domestic violence or sexual abuse, unless the criminal justice agency determines that reasonable redaction of the information will prevent identification of the third-party victim.

(b)  Service of denial.--The criminal justice agency shall serve a denial in writing to the requesting party within 60 days of receipt of the request for dissemination or by the date returnable on the request for dissemination, whichever is later, identifying the grounds for denial.

 

Cross References.  Section 9158.3 is referred to in sections 9158.2, 9158.4 of this title.

§ 9158.4.  Judicial review.

(a)  Petition for review.--Subject to subsection (d), a requesting party may file a petition for review appealing a denial under section 9158.3(a)(2) (relating to denial), which shall include the following:

(1)  The request for dissemination.

(2)  Proof of service of the request for dissemination.

(3)  The denial.

(4)  Other information necessary to determine whether the criminal history investigative information should be disseminated under this subchapter.

(b)  Time for petition.--A petition for review shall be filed within 45 days of service of a denial of a request for dissemination of information.

(c)  Location of filing.--A petition for review shall be filed before the court of common pleas in any judicial district in which the criminal justice agency that issued the denial is located. For a criminal justice agency with Statewide jurisdiction, the petition for review shall be filed in Commonwealth Court.

(d)  Judicial review.--A denial under section 9158.3(a)(1) shall not be subject to judicial review.

(e)  Relief.--In a proceeding under this section, a court may award declaratory and injunctive relief only. The court shall direct a criminal justice agency to produce the requested information if the requesting party proves entitlement to access under this subchapter by a preponderance of the evidence.

§ 9158.5.  Protection of information.

(a)  General rule.--Nothing under this subchapter shall be construed to permit the dissemination of otherwise nondiscoverable or privileged information, including:

(1)  Grand jury investigative materials.

(2)  Medical, mental health or treatment information.

(3)  Materials protected by an applicable attorney-client or work product privilege.

(4)  Materials protected by 42 Pa.C.S. Ch. 63 (relating to juvenile matters).

(5)  Materials subject to 42 Pa.C.S. Ch. 67A (relating to recordings by law enforcement officers).

(6)  Information that is otherwise prohibited or protected from disclosure or dissemination by Federal or State law.

(b)  Exemption.--The following personal identification information with respect to an individual other than the requesting party shall be exempt from dissemination:

(1)  A person's Social Security number.

(2)  A person's driver's license number.

(3)  Personal finance information.

(4)  A person's home, cellular or personal telephone numbers.

(5)  A person's e-mail address, employee number or other confidential personal identification number.

(c)  Protection.--A criminal justice agency shall be subject to protection under 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver) and 42 Pa.C.S. §§ 8541 (relating to governmental immunity generally) and 8545 (relating to official liability generally) for dissemination of criminal history investigative information under this subchapter.

(d)  Use of information.--Information obtained under this subchapter shall be used only in connection with an actual or potential civil action directly relating to that criminal history investigative information.

(e)  Violation.--Use of information obtained under this subchapter to harass, intimidate or threaten another shall constitute a misdemeanor of the second degree.

§ 9158.6.  Current dissemination not limited.

Nothing in this chapter shall:

(1)  Prohibit a police department from furnishing, upon request, a certified copy of a full report of a police investigation to an insurance company for the purpose of processing a claim for coverage under an applicable policy.

(2)  Prohibit notifications authorized by the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

§ 9158.7.  Rules and regulations.

(a)  Attorney General.--The Attorney General, in cooperation with appropriate criminal justice agencies, shall promulgate rules and regulations as necessary to implement this subchapter and establish reasonable fees.

(b)  Supreme Court.--The Supreme Court shall promulgate rules as necessary to implement this subchapter.

 

 

SUBCHAPTER G

RESPONSIBILITY OF ATTORNEY GENERAL

 

Sec.

9161.  Duties of the Attorney General.

§ 9161.  Duties of the Attorney General.

The Attorney General shall have the power and authority to:

(1)  Establish rules and regulations for criminal history record information with respect to security, completeness, accuracy, individual access and review, quality control and audits of repositories.

(2)  Establish the maximum fees which may be charged for the costs of reproducing criminal history record information for individual access and review for research or statistical purposes and for access by noncriminal justice agencies and individuals.

(3)  Make investigations concerning all matters touching the administration and enforcement of this chapter and the rules and regulations promulgated thereunder.

(4)  Institute civil proceedings for violations of this chapter and the rules and regulations adopted thereunder.

(5)  Conduct annual audits of the central repository and of a representative sample of all repositories within the Commonwealth, collecting, compiling, maintaining and disseminating criminal history record information.

(6)  Appoint such employees and agents as it may deem necessary.

(June 11, 1982, P.L.476, No.138, eff. 180 days)

 

 

SUBCHAPTER H

PUBLIC NOTICE

 

Sec.

9171.  Requirements of repositories relating to public notice.

§ 9171.  Requirements of repositories relating to public notice.

Repositories maintaining criminal history record information shall inform the public and post in a public place, notice of the existence, purpose, use and accessibility of the criminal history record information they maintain and the requirements of the repository for identification on individual access and review.

 

 

SUBCHAPTER I

SANCTIONS

 

Sec.

9181.  General administrative sanctions.

9182.  Criminal penalties (Deleted by amendment).

9183.  Civil actions.

§ 9181.  General administrative sanctions.

Any person, including any agency or organization, who violates the provisions of this chapter or any regulations or rules promulgated under it may:

(1)  Be denied access to specified criminal history record information for such period of time as the Attorney General deems appropriate.

(2)  Be subject to civil penalties or other remedies as provided for in this chapter.

(3)  In the case of an employee of any agency who violates any provision of this chapter, be administratively disciplined by discharge, suspension, reduction in grade, transfer or other formal disciplinary action as the agency deems appropriate.

(June 11, 1982, P.L.476, No.138, eff. 180 days)

 

Cross References.  Section 9181 is referred to in section 9106 of this title.

§ 9182.  Criminal penalties (Deleted by amendment).

 

1979 Amendment.  Section 9182 was deleted by amendment December 14, 1979 (P.L.556, No.127), effective immediately.

§ 9183.  Civil actions.

(a)  Injunctions.--The Attorney General or any other individual or agency may institute an action in a court of proper jurisdiction against any person, agency or organization to enjoin any criminal justice agency, noncriminal justice agency, organization or individual violating the provisions of this chapter or to compel such agency, organization or person to comply with the provisions of this chapter.

(b)  Action for damages.--

(1)  Any person aggrieved by a violation of the provisions of this chapter or of the rules and regulations promulgated under this chapter, shall have the substantive right to bring an action for damages by reason of such violation in a court of competent jurisdiction.

(2)  A person found by the court to have been aggrieved by a violation of this chapter or the rules or regulations promulgated under this chapter, shall be entitled to actual and real damages of not less than $100 for each violation and to reasonable costs of litigation and attorney's fees. Exemplary and punitive damages of not less than $1,000 nor more than $10,000 shall be imposed for any violation of this chapter, or the rules or regulations adopted under this chapter, found to be willful.

 

Cross References.  Section 9183 is referred to in section 9106 of this title.