1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for expungement.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Section 9122(a) of Title 18 of the Pennsylvania
6Consolidated Statutes, amended October 25, 2012 (P.L.1655,
7No.204), is amended and the section is amended by adding
8subsections to read:

9§ 9122. Expungement.

10(a) Specific proceedings.--Criminal history record
11information shall be expunged in a specific criminal proceeding
12when:

13[(1) no disposition has been received or, upon request
14for criminal history record information, no disposition has
15been recorded in the repository within 18 months after the
16date of arrest and the court of proper jurisdiction certifies
17to the director of the repository that no disposition is

1available and no action is pending. Expungement shall not
2occur until the certification from the court is received and
3the director of the repository authorizes such expungement;]

4(2) a court order requires that such nonconviction data
5be expunged; or

6(3) a person 21 years of age or older who has been
7convicted of a violation of section 6308 (relating to
8purchase, consumption, possession or transportation of liquor
9or malt or brewed beverages), which occurred on or after the 
10day the person attained 18 years of age, petitions the court
11of common pleas in the county where the conviction occurred
12seeking expungement and the person has satisfied all terms
13and conditions of the sentence imposed for the violation,
14including any suspension of operating privileges imposed
15pursuant to section 6310.4 (relating to restriction of
16operating privileges). Upon review of the petition, the court
17shall order the expungement of all criminal history record
18information and all administrative records of the Department
19of Transportation relating to said conviction.

20(a.1) Automatic expungement.--Except as provided under 
21subsection (a.2), an individual's criminal record information
22shall be automatically expunged by all repositories if:

23(1) No disposition has been recorded or received in the
24repository within 18 months after the date of arrest and the
25court of proper jurisdiction certifies to the director of the
26repository that no disposition is available and no action is
27pending.

28(2) A disposition has been recorded or received
29containing information indicating that criminal proceedings
30have been concluded and the disposition includes information

1disclosing any of the following reasons for the conclusion of
2proceedings:

3(i) Law enforcement has elected not to refer a
4matter for prosecution.

5(ii) A prosecuting authority has elected not to
6commence criminal proceedings.

7(iii) A grand jury has failed to file an indictment
8or information.

9(iv) Proceedings have been indefinitely postponed.

10(v) An acquittal or not guilty judgment has been
11entered.

12(vi) Charges have been dismissed.

13(a.2) Exception.--An individual's criminal record
14information shall not be expunged under subparagraph (a.1) for
15any of the following offenses:

16(1) Any of the following provisions of this title:

17Section 2502 (relating to murder).

18Section 2503 (relating to voluntary manslaughter).

19Section 2702 (relating to aggravated assault).

20Section 3121 (relating to rape).

21Section 3122.1 (relating to statutory sexual
22assault).

23Section 3123 (relating to involuntary deviate sexual
24intercourse).

25Section 3124.1 (relating to sexual assault).

26Section 3124.2 (relating to institutional sexual
27assault).

28Section 3125 (relating to aggravated indecent
29assault).

30Section 3126 (relating to indecent assault).

1Section 3127 (relating to indecent exposure).

2Section 4304 (relating to endangering welfare of
3children).

4Section 4915 (relating to failure to comply with
5registration of sexual offenders requirements).

6Section 4915.1 (relating to failure to comply with
7registration requirements).

8Section 4952 (relating to intimidation of witnesses
9or victims).

10Section 4953 (relating to retaliation against
11witness, victim or party).

12Section 5902(b) (relating to prostitution and related
13offenses).

14Section 5903 (relating to obscene and other sexual
15materials and performances).

16Section 6312 (relating to sexual abuse of children).

17Section 6320 (relating to sexual exploitation of
18children).

19(2) Any of the following provisions of Title 23:

20Section 6113 (relating to arrest for violation of
21order).

22Section 6114 (relating to contempt for violation of
23order or agreement).

24Section 6114.1 (relating to civil contempt or 
25modification for violation of an order or agreement).

26* * *

27(d.1) Civil liability.--Notwithstanding any other provision
28of law, a repository shall be liable for civil damages if it
29fails to expunge an individual's criminal record under
30subsection (a)(2) or (3) or (a.1) within six months of receipt

1of a court order, certification or disposition.

2* * *

3Section 2. This act shall take effect in 60 days.