PRINTER'S NO. 2186
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY KIRKLAND, THOMAS, MIRANDA, HAGGERTY, PARKER, BROWNLEE, KIM, FLYNN, GODSHALL, V. BROWN, CLAY, CALTAGIRONE AND COHEN, JUNE 28, 2013
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 28, 2013
9§ 9122. Expungement.
10* * *
1(3) (i) An individual who is the subject of the
2information petitions the court for the expungement of a
3summary offense and has been free of arrest or
4prosecution for five years following the conviction for
12(i) The individual has never been convicted of a
13sexual assault under section 3124.1 (relating to sexual
14assault), a crime that endangered the public, a violent
15criminal offense or a crime that carries a punishment of
16life imprisonment. As used in this subparagraph, the term
17"violent criminal offense" means a misdemeanor or felony
18that includes as an element of the offense the use of a
19weapon or violence in its commission.
20(ii) At least 18 months have elapsed since the
21individual was released from court jurisdiction and the
22individual has not subsequently been adjudicated
23delinquent or convicted as an adult of any felony or
24misdemeanor other than a minor traffic violation.
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4(b.1) Prohibition.--A court shall not have the authority to
5order expungement of the defendant's arrest record where the
6defendant was placed on Accelerated Rehabilitative Disposition
7for a violation of any offense set forth in any of the following
8where the victim is under 18 years of age:
9Section 3121 (relating to rape).
10Section 3122.1 (relating to statutory sexual assault).
13Section 3124.1 [(relating to sexual assault)].
14Section 3125 (relating to aggravated indecent assault).
15Section 3126 (relating to indecent assault).
16Section 3127 (relating to indecent exposure).
21(g) Violation.--Any individual, other than the applicant,
22who knows or should have known that a conviction was expunged
23under subsection (b)(4) and divulges, uses or publishes
24information concerning the expungement under this section
25commits a misdemeanor punishable by imprisonment for not more
26than 90 days or a fine of not more than $500, or both.
29Section 2. This act shall take effect in 60 days.