PRINTER'S NO. 1080
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
877
Session of
2015
INTRODUCED BY SIMMONS, NEUMAN, V. BROWN, ROZZI, BROWNLEE,
CALTAGIRONE, YOUNGBLOOD, KAUFFMAN, C. PARKER, A. HARRIS,
SCHREIBER, TOOHIL, WATSON, WARD, IRVIN, DAVIS, McNEILL,
GODSHALL, KIRKLAND AND FEE, APRIL 6, 2015
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 6, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, 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.
(3) (i) An individual who is the subject of the
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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) (i) An individual who is the subject of the
information has been successfully granted an
unconditional executive pardon by the Governor and
petitions the court for the expungement of the offense
for which the individual is pardoned.
(ii) During an instance when a person receives a
conditional executive pardon by the Governor, the terms
of which may preclude the complete expungement of the
individual's criminal record, all records shall be
expunged with the exception of records collected,
maintained and disseminated by the Pennsylvania State
Police. The information contained in a record collected
and maintained by the Pennsylvania State Police shall
only be disseminated, upon request, to a criminal justice
agency, as defined in section 9102 (relating to
definitions), in a subsequent criminal proceeding
involving a recipient of a conditional executive pardon
that has violated an applicable term and condition.
* * *
Section 2. This act shall take effect in 60 days.
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