PRINTER'S NO. 857
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
722
Session of
2015
INTRODUCED BY CRUZ, YOUNGBLOOD, CALTAGIRONE, J. HARRIS,
DONATUCCI, KINSEY, BROWNLEE, SCHLOSSBERG, HEFFLEY, THOMAS,
SCHREIBER, BISHOP, MURT, V. BROWN, READSHAW, D. COSTA, COHEN
AND MAHONEY, MARCH 6, 2015
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal history record
information, further providing for expungement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9122(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended 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
has been dead for three years.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
(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 is the subject of the information
has been arrested as a result of mistaken identity and no
charges have been filed against the individual.
(i) Not later than 90 days after an investigation by
a law enforcement agency finds that an individual was
arrested as a result of mistaken identity and no charges
have been filed, the law enforcement agency whose
officers made the arrest shall petition the court for the
expungement of the individual's criminal history record
information made as a result of mistaken identity, at no
cost to the individual.
(ii) Not later than 90 days after receiving and
reviewing the petition, the court shall order the
expungement of all criminal history record information
and all administrative records of the law enforcement
agency relating to the individual's arrest as a result of
mistaken identity.
* * *
Section 2. This act shall take effect in 60 days.
20150HB0722PN0857 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25