PRINTER'S NO. 697
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
659
Session of
2017
INTRODUCED BY CRUZ, YOUNGBLOOD, KINSEY, DONATUCCI, J. HARRIS,
MURT, DEAN, V. BROWN, FITZGERALD, SCHLOSSBERG, BULLOCK,
MILLARD, FREEMAN, HILL-EVANS, NEILSON, SIMS, MOUL AND THOMAS,
FEBRUARY 28, 2017
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 28, 2017
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 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
ยง 9122. Expungement.
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(c.1) Mistaken identity.--The following shall apply to
individuals who are the subject of the information and have been
arrested as a result of mistaken identity and no charges have
been filed against the individual:
(1) 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
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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.
(2) Not later than 90 days after receiving and reviewing
the petition under paragraph (1), 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.
20170HB0659PN0697 - 2 -
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