PRINTER'S NO. 454
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
419
Session of
2015
INTRODUCED BY KIRKLAND, COHEN, C. PARKER, FRANKEL, THOMAS,
GAINEY, BROWNLEE, V. BROWN, DAVIS, KINSEY, McCARTER, MAHER,
ROZZI, BISHOP AND McNEILL, FEBRUARY 9, 2015
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 9, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal history record
information, further providing for expungement of criminal
history record information.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9122(b) and (b.1) of Title 18 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding subsections to read:
ยง 9122. Expungement.
* * *
(b) Generally.--Criminal history record information may be
expunged when:
(1) An individual who is the subject of the information
reaches 70 years of age and has been free of arrest or
prosecution for ten years following final release from
confinement or supervision.
(2) An individual who is the subject of the information
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has been dead for three years.
(3) (i) An individual who is the subject of the
information petitions the court for the expungement of a
summary offense and has been free of arrest or
prosecution for five years following the conviction for
that offense.
(ii) Expungement under this paragraph shall only be
permitted for a conviction of a summary offense.
(4) An individual who was adjudicated delinquent or
convicted and is the subject of the information, reaches 18
years of age and can satisfactorily demonstrate all of the
following:
(i) The individual has never been convicted of a
sexual assault under section 3124.1 (relating to sexual
assault), a crime that endangered the public, a violent
criminal offense or a crime that carries a punishment of
life imprisonment. As used in this subparagraph, the term
"violent criminal offense" means a misdemeanor or felony
that includes as an element of the offense the use of a
weapon or violence in its commission.
(ii) At least 18 months have elapsed since the
individual was released from court jurisdiction and the
individual has not subsequently been adjudicated
delinquent or convicted as an adult of any felony or
misdemeanor other than a minor traffic violation.
(iii) The individual has exhibited good behavior
since the adjudication verified by an affidavit by the
individual.
(iv) Two persons not related to the individual or
each other by blood or marriage and know the character
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and reputation of the individual in the community in
which the individual lives verify by affidavit that the
individual's character and reputation are upstanding.
(b.1) Prohibition.--A court shall not have the authority to
order expungement of the defendant's arrest record where the
defendant was placed on Accelerated Rehabilitative Disposition
for a violation of any offense set forth in any of the following
where the victim is under 18 years of age:
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 [(relating to sexual assault)].
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 5902(b) (relating to prostitution and related
offenses).
Section 5903 (relating to obscene and other sexual
materials and performances).
* * *
(g) Violation.--Any individual, other than the applicant,
who knows or should have known that a conviction was expunged
under subsection (b)(4) and divulges, uses or publishes
information concerning the expungement under this section
commits a misdemeanor punishable by imprisonment for not more
than 90 days or a fine of not more than $500, or both.
(h) Limitation.--An individual may have only one conviction
expunged under subsection (b)(4).
Section 2. This act shall take effect in 60 days.
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