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House Co-Sponsorship Memoranda
House of Representatives
Session of 2019 - 2020
Regular Session
MEMORANDUM
| Posted: | January 3, 2019 02:21 PM |
|---|---|
| From: | Representative Angel Cruz |
| To: | All House members |
| Subject: | Expungement of Mistaken Identity Arrest Records |
| In 2014, Charles Belk made national headlines after police wrongly arrested and accused him of being an accessory to the armed robbery of a California bank. A follow-up investigation by detectives later determined that Belk was not involved in the robbery. He was released from custody without charges and an apology was issued by the police department. As a result of this incident, Belk has become an advocate for the wrongfully arrested and started the “#AutoErase Campaign,” a nationwide effort to inform the wrongfully arrested that they will have an arrest record unless they make an effort to have it expunged. Under current law, the burden of petitioning for expungement often falls on the person who was wrongfully accused. This process can take several months to resolve and can cost thousands of dollars due to the need for a private attorney’s assistance. My proposal would add Pennsylvania to a growing list of states aiming to address this grave injustice. Under my bill, a law enforcement agency that arrests an individual as a result of mistaken identity would be required to petition the court for the expungement of that individual’s related criminal history record, at no cost to the individual. Within 90 days, the court would review the petition and order the expungement of all records relating to the arrest. Please support this bill to ensure that no innocent Pennsylvania citizen suffers from a damaged reputation due to mistaken identity. If you have any questions or concerns, please contact my Harrisburg office at 717-705-1925. |
Introduced as HB201