1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for definitions and
3for expungement.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. The definition of "expunge" in section 9102 of
7Title 18 of the Pennsylvania Consolidated Statutes is amended
8and the section is amended by adding a definition to read:

9§ 9102. Definitions.

10The following words and phrases when used in this chapter
11shall have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13* * *

14"Exoneration."

15(1) Whenever a person is pardoned pursuant to section 9
16of Article IV of the Constitution of Pennsylvania; or

17(2) whenever judgment of conviction was reversed or

1vacated, or a plea of guilty, no contest or nolo contendere
2was withdrawn by leave of court, and the indictment or
3information dismissed or, if a new trial was ordered, either
4the claimant was found not guilty at the new trial or was not
5retried and the indictment or information dismissed, provided
6that the count or counts dismissed were the sole basis for
7the imprisonment.

8In order for a person to fall within the meaning of this term,
9deoxyribonucleic acid (DNA) evidence does not necessarily have
10to form the basis of the reversal, vacation, withdrawal,
11dismissal or pardon.

12"Expunge."

13(1) To remove information so that there is no trace or
14indication that such information existed;

15(2) to eliminate all identifiers which may be used to
16trace the identity of an individual, allowing remaining data
17to be used for statistical purposes; [or]

18(3) maintenance of certain information required or
19authorized under the provisions of section 9122(c) (relating
20to expungement), when an individual has successfully
21completed the conditions of any pretrial or posttrial
22diversion or probation program[.]; or

23(4) the removal, destruction or erasure of records
24possessed by the Commonwealth or any of its political
25subdivisions, including, but not limited to:

26(i) Fingerprints.

27(ii) Photographs.

28(iii) Photographic plates.

29(iv) Arrest, trial, conviction, sentence or
30incarceration data for the crime of which the defendant

1has been conclusively proven to be innocent.

2* * *

3Section 2. Section 9122 of Title 18, amended October 25,
42012 (P.L.1655, No.204), is amended to read:

5§ 9122. Expungement.

6(a) [Specific proceedings.--Criminal history record
7information] Arrest data.--Notwithstanding any provision to the 
8contrary, criminal arrest data shall be expunged in a specific
9criminal proceeding when:

10(1) no disposition has been received or, upon request
11for criminal history record information, no disposition has
12been recorded in the repository within 18 months after the
13date of arrest and the court of proper jurisdiction certifies
14to the director of the repository that no disposition is
15available and no action is pending. Expungement shall not
16occur until the certification from the court is received and
17the director of the repository authorizes such expungement;

18(2) a court order requires that such [nonconviction]
19data be expunged; [or]

20(3) a person 21 years of age or older who has been
21convicted of a violation of section 6308 (relating to
22purchase, consumption, possession or transportation of liquor
23or malt or brewed beverages), which occurred on or after the 
24day the person attained 18 years of age, petitions the court
25of common pleas in the county where the conviction occurred
26seeking expungement and the person has satisfied all terms
27and conditions of the sentence imposed for the violation,
28including any suspension of operating privileges imposed
29pursuant to section 6310.4 (relating to restriction of
30operating privileges). Upon review of the petition, the court

1shall order the expungement of all criminal history record
2information and all administrative records of the Department
3of Transportation relating to said conviction[.]; or

4(4) a person 18 years of age or older who has been
5convicted of a crime, other than a violation under section
66308, and is later exonerated, has petitioned the court of
7common pleas having jurisdiction over the conviction seeking
8expungement. Upon review of the petition, the court may order
9the expungement of all criminal history record information
10and all administrative records relating to said conviction.

11(b) [Generally.--Criminal history record information]
12Convicted data.--Notwithstanding any provision to the contrary, 
13conviction data may be expunged when:

14(1) An individual who is the subject of the information
15reaches 70 years of age and has been free of arrest or
16prosecution for ten years following final release from
17confinement or supervision.

18(2) An individual who is the subject of the information
19has been dead for three years.

20(3) (i) An individual who is the subject of the
21information petitions the court for the expungement of a
22summary offense and has been free of arrest or
23prosecution for five years following the conviction for
24that offense.

25(ii) Expungement under this paragraph shall only be
26permitted for a conviction of a summary offense.

27(b.1) Prohibition.--A court shall not have the authority to
28order expungement of the defendant's arrest record where the
29defendant was placed on Accelerated Rehabilitative Disposition
30for a violation of any offense set forth in any of the following

1where the victim is under 18 years of age:

2Section 3121 (relating to rape).

3Section 3122.1 (relating to statutory sexual assault).

4Section 3123 (relating to involuntary deviate sexual
5intercourse).

6Section 3124.1 (relating to sexual assault).

7Section 3125 (relating to aggravated indecent assault).

8Section 3126 (relating to indecent assault).

9Section 3127 (relating to indecent exposure).

10Section 5902(b) (relating to prostitution and related
11offenses).

12Section 5903 (relating to obscene and other sexual
13materials and performances).

14(b.2) Automatic expungement.--The following shall trigger
15automatic expungement when occurring as a result of the
16presentation of deoxyribonucleic acid (DNA) evidence:

17(1) A reversal or vacation of a conviction.

18(2) A withdrawal of a guilty, no contest or nolo
19contendere plea.

20(3) A dismissal of information or indictment.

21(4) A retrial where the defendant was found not guilty.

22(c) Maintenance of certain information required or
23authorized.--Notwithstanding any other provision of this
24chapter, the prosecuting attorney and the central repository
25shall, and the court may, maintain a list of the names and other
26criminal history record information of persons whose records are
27required by law or court rule to be expunged where the
28individual has successfully completed the conditions of any
29pretrial or post-trial diversion or probation program or where
30the court has ordered expungement under this section. Such

1information shall be used solely for the purposes of determining
2subsequent eligibility for such programs, identifying persons in
3criminal investigations or determining the grading of subsequent
4offenses. Such information shall be made available to any court
5or law enforcement agency upon request.

6(d) Notice of expungement.--Notice of expungement shall
7promptly be submitted to the central repository which shall
8notify all criminal justice agencies which have received the
9criminal history record information to be expunged.

10(e) Public records.--Public records listed in section
119104(a) (relating to scope) shall not be expunged.

12(f) District attorney's notice.--The court shall give ten
13days prior notice to the district attorney of the county where
14the original charge was filed of any applications for
15expungement under the provisions of subsection (a)(2).

16Section 3. This act shall take effect in 60 days.