PRINTER'S NO. 3192
No. 2291 Session of 2004
INTRODUCED BY BENNINGHOFF, BASTIAN, CAPPELLI, CRAHALLA, CRUZ,
CURRY, DENLINGER, J. EVANS, FABRIZIO, FRANKEL, GEIST,
GERGELY, HENNESSEY, HERSHEY, HESS, HORSEY, KIRKLAND,
LAUGHLIN, McILHATTAN, R. MILLER, REICHLEY, SATHER, SCAVELLO,
SOLOBAY, STERN, E. Z. TAYLOR, THOMAS, TIGUE, WILT AND
YOUNGBLOOD, JANUARY 26, 2004
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 2004
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for expungement of
3 criminal history record informations; and making an editorial
4 change.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 9122(b) and (f) of Title 18 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 9122. Expungement.
10 * * *
11 (b) Generally.--Criminal history record information may be
12 expunged when:
13 (1) an individual who is the subject of the information
14 reaches 70 years of age and has been free of arrest or
15 prosecution for ten years following final release from
16 confinement or supervision; [or]
17 (2) an individual who is the subject of the information
1 has been dead for three years[.]; or
2 (3) an individual who is the subject of the information
3 can satisfactorily demonstrate all of the following:
4 (i) At least ten years have passed following final
5 release from confinement or supervision.
6 (ii) The individual has been free from conviction
7 for any offense graded as a misdemeanor in the preceding
8 ten years.
9 (iii) The individual has never been convicted of or
10 pleaded guilty to any offense graded as a felony.
11 * * *
12 (f) District attorney's notice.--The court shall give ten
13 [days] days' prior notice to the district attorney of the county
14 where the original charge was filed of any applications for
15 expungement under the provisions of subsection (a)(2) or (3).
16 Section 2. This act shall take effect in 60 days.
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