PRINTER'S NO. 3079
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1951
Session of
2015
INTRODUCED BY DEAN, APRIL 5, 2016
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 5, 2016
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(a) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 9122. Expungement.
(a) Specific proceedings.--Criminal history record
information shall be expunged in a specific criminal proceeding
when:
(1) no disposition has been received or, upon request
for criminal history record information, no disposition has
been recorded in the repository within 18 months after the
date of arrest and the court of proper jurisdiction certifies
to the director of the repository that no disposition is
available and no action is pending. Expungement shall not
occur until the certification from the court is received and
the director of the repository authorizes such expungement;
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(2) a court order requires that such nonconviction data
be expunged; [or]
(3) a person 21 years of age or older who has been
convicted of a violation of section 6308 (relating to
purchase, consumption, possession or transportation of liquor
or malt or brewed beverages), which occurred on or after the
day the person attained 18 years of age, petitions the court
of common pleas in the county where the conviction occurred
seeking expungement and the person has satisfied all terms
and conditions of the sentence imposed for the violation,
including any suspension of operating privileges imposed
pursuant to section 6310.4 (relating to restriction of
operating privileges). Upon review of the petition, the court
shall order the expungement of all criminal history record
information and all administrative records of the Department
of Transportation relating to said conviction[.]; or
(4) (i) a person 18 years of age or older who has been
convicted of a crime, other than a violation under
section 6308, that petitions the court and one of the
following has occurred:
(A) The person received a pardon.
(B) The conviction has been vacated or reversed
or a plea of guilty or nolo contendre has been
withdrawn by leave of court and the indictment or
information is dismissed or, if a new trial is
ordered, either the person is found not guilty at a
new trial or is not retried within 180 days of the
order granting a new trial, or, if the order is
appealed, within 180 days of the date that order
becomes final.
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(ii) Upon review of the petition under this
paragraph, the court shall order the expungement of all
criminal history record information relevant to the
pardoned, vacated, reversed or dismissed offense,
including, but not limited to, all administrative
records, DNA records and DNA in any form possessed by the
Commonwealth or any of its political subdivisions. If the
district attorney or Attorney General files a timely
answer setting forth good cause not to order expungement,
the court shall promptly schedule a hearing, or if the
court rules without a hearing, provide, contemporaneous
with its order, written reasons for proceeding without a
hearing.
* * *
Section 2. This act shall take effect in 60 days.
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