AN ACT

 

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

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

6Section 1. Section 9122(b) of Title 18 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 9122. Expungement.

9* * *

10(b) Generally.--Criminal history record information may be
11expunged when:

12(1) An individual who is the subject of the information
13reaches 70 years of age and has been free of arrest or
14prosecution for ten years following final release from
15confinement or supervision.

16(2) Any individual who is the subject of the information

1has been dead for three years.

2(3) (i) An individual who is the subject of the 
3information, petitions the court for the expungement of a 
4summary offense and has been free of arrest or 
5prosecution for five years following the conviction for 
6that offense.

7(ii) Expungement under this paragraph shall only be
8permitted for a conviction of a summary offense.

9(4) (i) An individual who is the subject of the
10information petitions for expungement of the information
11and the individual has been free of arrest or prosecution
12following final release from confinement or supervision
13for the following time periods:

14(A) In the case of a misdemeanor of the third
15degree or an offense declared to be a misdemeanor,
16without specification of degree, seven years.

17(B) In the case of a misdemeanor of the second
18degree committed when the individual was less than 25
19years of age, ten years.

20(ii) This paragraph shall not apply to any
21individual who has been convicted of:

22(A) An offense punishable by imprisonment of
23more than two years.

24(B) Four or more offenses punishable by
25imprisonment of one or more years.

26(C) An offense under section 913 (relating to
27possession of firearm or other dangerous weapon in
28court facility) which is graded as a misdemeanor of
29the third degree.

30(D) A violation of section 2701 (relating to

1simple assault), except when the offense is graded as
2a misdemeanor of the third degree.

3(E) A violation of section 3129 (relating to
4sexual intercourse with animal).

5(F) A violation of section 4912 (relating to
6impersonating a public servant).

7(G) A violation of section 4952 (relating to
8intimidation of witnesses or victims).

9(H) A violation of section 4953 (relating to
10retaliation against witness, victim or party).

11(I) A violation of section 5511 (relating to
12cruelty to animals).

13(J) A violation of any provision of Chapter 61
14(relating to firearms and other dangerous articles).

15(K) An offense which requires registration under
1642 Pa.C.S. Ch. 97 Subch. H (relating to registration
17of sexual offenders).

18* * *

19Section 2. This act shall take effect in 60 days.