PRINTER'S NO. 354
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
382
Session of
2021
INTRODUCED BY A. DAVIS, SANCHEZ, HILL-EVANS, KRAJEWSKI, HOWARD,
McNEILL, CIRESI, CONKLIN, HARRIS AND KIRKLAND,
FEBRUARY 3, 2021
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2021
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), (c) and (d) of Title 18 of the
Pennsylvania Consolidated Statutes, amended October 29, 2020
(P.L.718, No.83), are 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
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occur until the certification from the court is received and
the director of the repository authorizes such expungement;
(2) a court order requires that such nonconviction data
be expunged;
(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) a judicial determination has been made that a person
is acquitted of an offense, if the person has been acquitted
of all charges based on the same conduct or arising from the
same criminal episode following a trial and a verdict of not
guilty. This paragraph shall not apply to a partial
acquittal. A judicial determination under this paragraph may
only be made after the following:
(i) The court provides notice in writing to the
person and to the Commonwealth that the person's criminal
history record information will be automatically expunged
pursuant to this section.
(ii) Upon receipt of the notice under subparagraph
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(i), the Commonwealth shall have 60 days to object to the
automatic expungement on the basis that the person has
not been acquitted of all charges relating to the same
conduct, arising from the same criminal episode or
otherwise relating to a partial acquittal.
(iii) Upon the filing of an objection, the court
shall conduct a hearing to determine whether expungement
of the acquittal relates to the same conduct, arises from
the same criminal episode or otherwise relates to a
partial acquittal. The hearing may be waived by agreement
of both parties and the court.
(iv) Following the hearing, or if no objection has
been filed or the hearing has been waived, the court
shall order that the person's criminal history record
information be automatically expunged unless the court
determines the expungement relates to the same conduct,
arises from the same criminal episode or otherwise
relates to a partial acquittal. Expungement shall occur
no later than 12 months from the date of acquittal[.]; or
(5) a person who is the subject of the criminal history
record information has received a pardon for the conviction
in accordance with Federal or State law. All administrative
records of the Department of Transportation relating to a
conviction shall be expunged when a person receives a pardon
for the conviction in accordance with Federal or State law.
* * *
(c) Maintenance of certain information required or
authorized.--Notwithstanding any other provision of this
chapter, the prosecuting attorney and the central repository
shall, and the court may, maintain a list of the names and other
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criminal history record information of persons whose records are
required by law or court rule to be expunged where the
individual has successfully completed the conditions of any
pretrial or post-trial diversion or probation program [or],
where the individual has received a pardon for the conviction in
accordance with Federal or State law or where the court has
ordered expungement under this section. Such information shall
be used solely for the purposes of determining subsequent
eligibility for such programs, identifying persons in criminal
investigations or determining the grading of subsequent
offenses. Such information shall be made available to any court
or law enforcement agency upon request.
(d) Notice of expungement.--Notice of expungement shall
promptly be submitted to the central repository which shall
notify all criminal justice agencies and the Department of
Transportation which have received the criminal history record
information to be expunged.
* * *
Section 2. This act shall take effect in 60 days.
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