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A06244
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1419
Session of
2017
INTRODUCED BY DELOZIER, J. HARRIS, MILLARD, DEAN, FRANKEL,
KINSEY, PHILLIPS-HILL, D. COSTA, CALTAGIRONE, SOLOMON,
V. BROWN, WARREN, COX, GODSHALL, DAVIS, BULLOCK, WHEATLEY,
WHEELAND, HILL-EVANS, DeLUCA, A. HARRIS, KIM, ROZZI,
McCARTER, ZIMMERMAN, McCLINTON, SCHWEYER, REESE, FEE,
DERMODY, SIMS, ROTHMAN, FARRY, HANNA, DALEY, THOMAS, STURLA,
NEILSON, KRUEGER-BRANEKY, SCHLOSSBERG, KORTZ AND DEASY,
MAY 25, 2017
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 13, 2018
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in dissemination of criminal history
record information, further providing for general regulations
and for order for limited access, providing for clean slate
for convictions of misdemeanors and for charges not leading
to convictions, for effects of expunged offenses and offenses
provided limited access and for employer immunity from
liability and further providing for use of records by
licensing agencies; and imposing duties on the Pennsylvania
State Police and the Administrative Office of Pennsylvania
Courts.
AMENDING TITLE Titles 18 (CRIMES AND OFFENSES) and 42 (Judiciary
and Judicial Procedure) OF THE PENNSYLVANIA CONSOLIDATED
STATUTES, IN CRIMINAL HISTORY RECORD INFORMATION, FURTHER
PROVIDING FOR GENERAL REGULATIONS AND FOR ORDER FOR LIMITED
ACCESS AND PROVIDING FOR CLEAN SLATE LIMITED ACCESS, FOR
EXCEPTIONS, FOR ORDER TO VACATE ORDER FOR LIMITED ACCESS, FOR
EFFECTS OF EXPUNGED RECORDS AND RECORDS SUBJECT TO LIMITED
ACCESS AND FOR EMPLOYER IMMUNITY FROM LIABILITY.; and, in
juvenile matters, further providing for inspection of court
files and records and for law enforcement records.
THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
(1) INDIVIDUALS WITH CHARGES NOT LEADING TO CONVICTIONS
MAY BE INHERENTLY HARMED BY THE MAINTENANCE OF THAT RECORD
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AND HAVE A CONSTITUTIONAL PRESUMPTION OF INNOCENCE.
(2) INDIVIDUALS CONVICTED OF CRIMES IN THIS COMMONWEALTH
SHOULD SERVE THEIR SENTENCES AS ORDERED BY THE COURTS OF THIS
COMMONWEALTH.
(3) AFTER LESS VIOLENT INDIVIDUALS CONVICTED OF CRIMES
HAVE SERVED THEIR SENTENCES AND REMAINED CRIME FREE LONG
ENOUGH TO DEMONSTRATE REHABILITATION, THE INDIVIDUALS' ACCESS
TO EMPLOYMENT, HOUSING, EDUCATION AND OTHER NECESSITIES OF
LIFE SHOULD BE FULLY RESTORED.
(4) CRIMINAL JUSTICE AGENCIES NEED ACCESS TO ALL
CRIMINAL HISTORY RECORD INFORMATION IN ORDER TO EFFECTIVELY
CARRY OUT THE AGENCIES' DUTIES TO PROTECT THE PUBLIC.
(5) THE COMMONWEALTH SHALL PROVIDE A CLEAN SLATE REMEDY,
AS SET FORTH UNDER THIS ACT, TO:
(I) CREATE A STRONG INCENTIVE FOR AVOIDANCE OF
RECIDIVISM BY OFFENDERS.
(II) PROVIDE HOPE FOR THE ALLEVIATION OF THE
HARDSHIPS OF HAVING A CRIMINAL RECORD BY OFFENDERS WHO
ARE TRYING TO REHABILITATE THEMSELVES.
(III) SAVE THE COMMONWEALTH MONEY THAT MUST BE SPENT
IN THE ADMINISTRATION OF CRIMINAL JUSTICE WHEN OFFENDERS
RECIDIVATE.
(IV) ENSURE APPROPRIATE ACCESS TO CRIMINAL HISTORY
INFORMATION BY CRIMINAL JUSTICE AGENCIES.
(6) THE CLEAN SLATE REMEDY SHOULD BE IMPLEMENTED WITHOUT
COST TO THE FORMER OFFENDER OF FILING A PETITION WITH A
COURT.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 9121(b) and (b.2) and 9122.1(a) of Title
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18 of the Pennsylvania Consolidated Statutes are amended to
read:
§ 9121. General regulations.
* * *
(b) Dissemination to noncriminal justice agencies and
individuals.--Criminal history record information shall be
disseminated by a State or local police department to any
individual or noncriminal justice agency only upon request.
Except as provided in subsection (b.1):
(1) A fee may be charged by a State or local police
department for each request for criminal history record
information by an individual or noncriminal justice agency,
except that no fee shall be charged to an individual who
makes the request in order to apply to become a volunteer
with an affiliate of Big Brothers of America or Big Sisters
of America or with a rape crisis center or domestic violence
program.
(2) Before a State or local police department
disseminates criminal history record information to an
individual or noncriminal justice agency, it shall extract
from the record the following:
(i) All notations of arrests, indictments or other
information relating to the initiation of criminal
proceedings where:
(A) three years have elapsed from the date of
arrest;
(B) no conviction has occurred; and
(C) no proceedings are pending seeking a
conviction.
(ii) All information relating to a conviction and
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the arrest, indictment or other information leading
thereto, or relating to an arrest not leading to a
conviction, which is the subject of a court order for
limited access as provided in section 9122.1 (relating to
order for limited access)[.] or which is automatically
provided limited access under section 9122.2 (relating to
clean slate for convictions of misdemeanors and for
charges not leading to convictions ).
(3) A court or the Administrative Office of Pennsylvania
Courts may not disseminate to an individual, a noncriminal
justice agency or an Internet website any information
relating to a conviction, arrest, indictment or other
information leading to a conviction, arrest, indictment or
other information, which is the subject of a court order for
limited access as provided in section 9122.1 or which is
automatically provided limited access under section 9122.2.
* * *
(b.2) Additional exceptions.--Subsection (b)(2)(ii) and (3)
shall not apply if the request is made [by a State agency to be
used only as authorized under section 9124 (relating to use of
records by licensing agencies).]:
(1) Pursuant to a court order in a case brought under 23
Pa.C.S. Ch. 53 (relating to child custody) or 61 (relating to
protection from abuse). All information made available to the
court under this exception shall also be made available for
examination by the parties.
(2) To verify information provided by an applicant where
Federal law, including rules and regulations promulgated by a
self-regulatory organization that has been created pursuant
to Federal law, requires the consideration of an applicant's
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criminal history for purposes of employment.
(3) By an employer against whom a claim of civil
liability has been brought as described under section 9122.4
(relating to employer immunity from liability) for purposes
of defending against a claim of civil liability.
(4) To verify information provided to the Supreme Court,
or an entity thereof, in its capacity to govern the practice,
procedure and the conduct of all courts, the admission to the
bar and the practice of law and the administration of all
courts and supervision of all officers of the judicial
branch.
* * *
§ 9122.1. Order for limited access.
(a) General rule.--[The following shall apply:
(1)] Notwithstanding any other provision of this
chapter, upon petition of a person who has been free of
[arrest or prosecution] subsequent conviction following
conviction or final release from confinement or supervision,
whichever is later, for a period of 10 years, the court of
common pleas in the jurisdiction where the conviction
occurred may enter an order that criminal history record
information maintained by any criminal justice agency
pertaining to a conviction for a misdemeanor of the second
degree, a misdemeanor of the third degree or an ungraded
offense which carries a maximum penalty of no more than two
years be disseminated only to a criminal justice agency or a
government agency as provided in section 9121(b.1) and (b.2)
(relating to general regulations).
[(2) Except when requested or required by a criminal
justice agency, or by and for the official use of a
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government agency described in section 9121(b.1) or 9124(a)
(relating to use of records by licensing agencies), no
individual shall be required nor requested to disclose
information about the person's criminal history records that
are the subject of a court order for limited access granted
under this section.]
* * *
Section 2. Title 18 is amended by adding sections to read:
§ 9122.2. Clean slate for convictions of misdemeanors and for
charges not leading to convictions.
(a) Declaration of policy.--The General Assembly finds and
declares as follows:
(1) Individuals with charges not leading to convictions
may be inherently harmed by the maintenance of that record
and have a constitutional presumption of innocence.
(2) Individuals convicted of crimes in this Commonwealth
shall serve their sentences as ordered by the courts of this
Commonwealth.
(3) After less violent individuals convicted of their
crimes have served their sentences and remained crime free
long enough to demonstrate their rehabilitation, their access
to employment, housing, education and other necessities of
life should be fully restored.
(4) The Commonwealth shall provide a clean slate remedy,
as set forth under this section, to:
(i) create a strong incentive for avoidance of
recidivism by offenders;
(ii) provide hope for the alleviation of the
hardships of having a criminal record by offenders who
are trying to rehabilitate themselves; and
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(iii) save the Commonwealth money that must be spent
in the administration of criminal justice when offenders
recidivate.
(5) The clean slate remedy should be implemented without
cost to the former offender of filing a petition with a
court.
(b) Misdemeanor conviction.--
(1) Except as provided under paragraphs (2) and (3),
criminal history record information of all convictions of
misdemeanor offenses shall automatically receive limited
access when completion of the court-ordered financial
obligations of the sentence has occurred and 10 years have
passed since the most recent misdemeanor or felony conviction
in any court of the unified judicial system.
(2) Limited access under this subsection shall not be
granted to misdemeanor convictions of the following offenses:
(i) Offenses under Article B (relating to offenses
involving danger to the person).
(ii) Offenses under Article D (relating to offenses
against the family).
(iii) Offenses under Chapter 61 (relating to
firearms and other dangerous articles).
(iv) Offenses that require registration under 42
Pa.C.S. Ch. 97 Subch. H (relating to registration of
sexual offenders).
(v) A violation of section 3127 (relating to
indecent exposure).
(vi) A violation of section 4915.1 (relating to
failure to comply with registration requirements).
(vii) A violation of section 5122 (relating to
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weapons or implements for escape).
(viii) A violation of section 5511 (relating to
cruelty to animals).
(ix) A violation of section 6301 (relating to
corruption of minors).
(3) Limited access under this subsection shall not be
granted to misdemeanor convictions when there is a felony
conviction in the same case.
(c) Charges not leading to conviction.--Criminal history
record information of charges with a final disposition other
than conviction shall automatically receive limited access 60
days after entry of the disposition and payment of any court-
ordered obligations.
(d) No court petition required.--
(1) Except as provided under paragraph (3), limited
access of criminal proceedings under subsections (b) and (c)
shall be performed by criminal justice agencies within 30
days of the eligibility of such proceedings, without the
requirement of a court order.
(2) Nothing in this section shall preclude the filing of
a petition for limited access of criminal proceedings
eligible for limited access under subsections (b) and (c) if
limited access has not been provided by criminal justice
agencies without a petition.
(3) (i) On a monthly basis, the Administrative Office
of Pennsylvania Courts shall transmit to the Pennsylvania
State Police central repository any case eligible for
limited access under this section.
(ii) If the Pennsylvania State Police central
repository determines through a validation process that a
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case transmitted is not eligible for limited access
relief or does not match data held in the repository, the
Pennsylvania State Police shall notify the Administrative
Office of Pennsylvania Courts of this determination
within 30 days of receiving the information.
(iii) Upon the expiration of the 30-day period, the
Administrative Office of Pennsylvania Courts shall remove
from the list of eligible cases any case for which the
Administrative Office of Pennsylvania Courts received a
notification of ineligibility or nonmatch with repository
data.
(iv) Thereafter, each court of common pleas shall
issue monthly an order granting limited access to any
case in its judicial district for which no notification
of ineligibility was received by the Administrative
Office of Pennsylvania Courts.
(4) The Pennsylvania State Police may object to a case
as not eligible for limited access under paragraph (3) in
which the defendant:
(i) was convicted of a misdemeanor or felony in a
court of the unified judicial system during the
applicable period of time under subsection (b) that must
elapse before a case becomes eligible for limited access
relief;
(ii) was convicted of a misdemeanor and a felony
within the same case; or
(iii) has not completed all obligations of the
sentence or been discharged from court supervision.
(e) Elimination.--
(1) If an individual's case receives limited access not
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in accordance with this section or an individual receiving
limited access is subsequently convicted of a misdemeanor or
felony, the district attorney of the county in which the
underlying or subsequent conviction took place or, if the
Office of Attorney General obtained the conviction for the
underlying conviction, the Office of Attorney General shall
have standing to challenge the limited access granted by the
court.
(2) If the court that granted the limited access
sustains the challenge, the court and the Pennsylvania State
Police shall undo the limited access.
§ 9122.3. Effects of expunged offenses and offenses provided
limited access.
(a) Disclosure.--
(1) Except when requested or required by a criminal
justice agency, the Supreme Court or entity thereof, or
pursuant to an order under section 9121(b.2) (relating to
general regulations), no individual shall be required or
requested to disclose information about the individual's
criminal history records that have been expunged or provided
limited access under section 9122.1 (relating to order for
limited access) or 9122.2 (relating to clean slate for
convictions of misdemeanors and for charges not leading to
convictions). An individual required or requested to provide
information in violation of this section may respond as if
the offense did not occur.
(2) This subsection shall not apply where Federal law,
including rules and regulations promulgated by a self-
regulatory organization that has been created pursuant to
Federal law, requires the consideration of an applicant's
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criminal history for purposes of employment.
(b) Disqualification by law.--An expunged offense or an
offense provided limited access under section 9122.1 or 9122.2
may not be considered a conviction that would prohibit the
employment of a person under any law of this Commonwealth or
under Federal laws that prohibit employment based on state
convictions to the extent permitted by Federal law.
§ 9122.4. Employer immunity from liability.
An employer who employs or otherwise engages an individual
whose criminal history record has been expunged or provided
limited access under section 9122.1 (relating to order for
limited access) or 9122.2 (relating to clean slate for
convictions of misdemeanors and for charges not leading to
convictions ) shall be immune from liability in a civil action
based, in whole or in part, upon damages suffered to a person or
property as a result of criminal or other unlawful conduct of
the individual employee when the portion of the criminal history
record that has been expunged or provided limited access is
related to:
(1) the criminal or other unlawful conduct; and
(2) the individual's suitability for employment in the
position for which the individual was hired or engaged.
Section 3. Section 9124(b) of Title 18 is amended to read:
§ 9124. Use of records by licensing agencies.
* * *
(b) Prohibited use of information.--The following
information shall not be used in consideration of an application
for a license, certificate, registration or permit:
(1) Records of arrest if there is no conviction of a
crime based on the arrest.
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(2) Convictions which have been annulled [or],
expunged[.] or provided limited access under section 9122.1
(relating to order for limited access) or 9122.2 (relating to
clean slate for convictions of misdemeanors and for charges
not leading to convictions ).
(3) Convictions of a summary offense.
(4) Convictions for which the individual has received a
pardon from the Governor.
(5) Convictions which do not relate to the applicant's
suitability for the license, certificate, registration or
permit.
* * *
Section 4. The Pennsylvania State Police and the
Administrative Office of Pennsylvania Courts shall process the
backlog of existing cases in which the provisions of this act
are applicable within one year from the effective date of this
section.
Section 5. Petitions for limited access of criminal
proceedings eligible for limited access under 18 Pa.C.S. §
9122.2(b) and (c) may be filed beginning 90 days after the
effective date of this section.
Section 6. This act shall take effect as follows:
(1) Section 5 of this act shall take effect immediately.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 270
days.
SECTION 1. SECTIONS 9121(B) INTRODUCTORY PARAGRAPH, (2) AND
(3), (B.1) AND (B.2) AND 9122.1 HEADING, (A) AND (B) OF TITLE 18
OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
§ 9121. GENERAL REGULATIONS.
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* * *
(B) DISSEMINATION TO NONCRIMINAL JUSTICE AGENCIES AND
INDIVIDUALS.--CRIMINAL HISTORY RECORD INFORMATION SHALL BE
DISSEMINATED BY A STATE OR LOCAL POLICE DEPARTMENT TO ANY
INDIVIDUAL OR NONCRIMINAL JUSTICE AGENCY ONLY UPON REQUEST.
[EXCEPT AS PROVIDED IN SUBSECTION (B.1):] THE FOLLOWING APPLY:
* * *
(2) [BEFORE] EXCEPT AS PROVIDED FOR IN SUBSECTIONS (B.1)
AND (B.2), BEFORE A STATE OR LOCAL POLICE DEPARTMENT
DISSEMINATES CRIMINAL HISTORY RECORD INFORMATION TO AN
INDIVIDUAL OR NONCRIMINAL JUSTICE AGENCY, IT SHALL EXTRACT
FROM THE RECORD THE FOLLOWING:
(I) ALL NOTATIONS OF ARRESTS, INDICTMENTS OR OTHER
INFORMATION RELATING TO THE INITIATION OF CRIMINAL
PROCEEDINGS WHERE:
(A) THREE YEARS HAVE ELAPSED FROM THE DATE OF
ARREST;
(B) NO [CONVICTION HAS OCCURRED] DISPOSITION IS
INDICATED IN THE RECORD; AND
(C) [NO PROCEEDINGS ARE PENDING SEEKING A
CONVICTION.] NOTHING IN THE RECORD INDICATES THAT
PROCEEDINGS SEEKING CONVICTION REMAIN PENDING.
(II) ALL INFORMATION RELATING TO A CONVICTION AND
THE ARREST, INDICTMENT OR OTHER INFORMATION LEADING
THERETO, WHICH IS THE SUBJECT OF A COURT ORDER FOR
LIMITED ACCESS AS PROVIDED IN SECTION 9122.1 (RELATING TO
ORDER FOR LIMITED ACCESS).
(III) ALL INFORMATION RELATING TO A CONVICTION OR
NONCONVICTION FINAL DISPOSITION, AND THE ARREST,
INDICTMENT OR OTHER INFORMATION LEADING TO THE ARREST OR
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INDICTMENT WHICH IS SUBJECT TO A COURT ORDER FOR LIMITED
ACCESS AS PROVIDED FOR IN SECTION 9122.2 (RELATING TO
CLEAN SLATE LIMITED ACCESS).
(3) A COURT OR THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA
COURTS MAY NOT DISSEMINATE TO AN INDIVIDUAL, A NONCRIMINAL
JUSTICE AGENCY OR AN INTERNET WEBSITE ANY INFORMATION
[RELATING TO A CONVICTION, ARREST, INDICTMENT OR OTHER
INFORMATION LEADING TO A CONVICTION, ARREST, INDICTMENT OR
OTHER INFORMATION,] WHICH IS THE SUBJECT OF A COURT ORDER FOR
LIMITED ACCESS AS PROVIDED IN SECTION 9122.1 OR 9122.2.
(B.1) EXCEPTION.--SUBSECTION (B)(1) AND (2) SHALL NOT APPLY
IF THE REQUEST IS MADE BY A COUNTY CHILDREN AND YOUTH AGENCY OR
THE DEPARTMENT OF [PUBLIC WELFARE] HUMAN SERVICES IN THE
PERFORMANCE OF DUTIES RELATING TO CHILDREN AND YOUTH UNDER THE
ACT OF JUNE 24, 1937 (P.L.2017, NO.396), KNOWN AS THE COUNTY
INSTITUTION DISTRICT LAW, SECTION 2168 OF THE ACT OF AUGUST 9,
1955 (P.L.323, NO.130), KNOWN AS THE COUNTY CODE, THE ACT OF
JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE [PUBLIC WELFARE]
HUMAN SERVICES CODE, 23 PA.C.S. CH. 63 (RELATING TO CHILD
PROTECTIVE SERVICES) OR 42 PA.C.S. CH. 63 (RELATING TO JUVENILE
MATTERS).
(B.2) ADDITIONAL EXCEPTIONS.--
(1) SUBSECTION (B)(2)(II) AND [(3)] (III) SHALL NOT
APPLY IF THE REQUEST IS MADE [BY A STATE AGENCY TO BE USED
ONLY AS AUTHORIZED UNDER SECTION 9124 (RELATING TO USE OF
RECORDS BY LICENSING AGENCIES).] UNDER A COURT ORDER:
(I) IN A CASE BROUGHT UNDER 23 PA.C.S. CH. 53
(RELATING TO CHILD CUSTODY) OR 61 (RELATING TO PROTECTION
FROM ABUSE).
(II) BY AN EMPLOYER AGAINST WHOM A CLAIM OF CIVIL
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LIABILITY HAS BEEN BROUGHT AS DESCRIBED UNDER SECTION
9122.6 (RELATING TO EMPLOYER IMMUNITY FROM LIABILITY) FOR
PURPOSES OF DEFENDING AGAINST A CLAIM OF CIVIL LIABILITY.
(2) SUBSECTION (B)(2) SHALL NOT APPLY:
(I) TO THE VERIFICATION OF INFORMATION PROVIDED BY
AN APPLICANT IF FEDERAL LAW, INCLUDING RULES AND
REGULATIONS PROMULGATED BY A SELF-REGULATORY ORGANIZATION
THAT HAS BEEN CREATED UNDER FEDERAL LAW, REQUIRES THE
CONSIDERATION OF AN APPLICANT'S CRIMINAL HISTORY FOR
PURPOSES OF EMPLOYMENT.
(II) TO THE VERIFICATION OF INFORMATION PROVIDED TO
THE SUPREME COURT, OR AN ENTITY OF THE SUPREME COURT, IN
ITS CAPACITY TO GOVERN THE PRACTICE, PROCEDURE AND
CONDUCT OF ALL COURTS, THE ADMISSION TO THE BAR, THE
PRACTICE OF LAW, THE ADMINISTRATION OF ALL COURTS AND
SUPERVISION OF ALL OFFICERS OF THE JUDICIAL BRANCH.
* * *
§ 9122.1. [ORDER] PETITION FOR LIMITED ACCESS.
(A) GENERAL RULE.--[THE FOLLOWING SHALL APPLY:
(1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,
UPON PETITION OF A PERSON WHO HAS BEEN FREE OF ARREST OR
PROSECUTION FOLLOWING CONVICTION OR FINAL RELEASE FROM
CONFINEMENT OR SUPERVISION, WHICHEVER IS LATER, FOR A PERIOD
OF 10 YEARS, THE COURT OF COMMON PLEAS IN THE JURISDICTION
WHERE THE CONVICTION OCCURRED MAY ENTER AN ORDER THAT
CRIMINAL HISTORY RECORD INFORMATION MAINTAINED BY ANY
CRIMINAL JUSTICE AGENCY PERTAINING TO A CONVICTION FOR A
MISDEMEANOR OF THE SECOND DEGREE, A MISDEMEANOR OF THE THIRD
DEGREE OR AN UNGRADED OFFENSE WHICH CARRIES A MAXIMUM PENALTY
OF NO MORE THAN TWO YEARS BE DISSEMINATED ONLY TO A CRIMINAL
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JUSTICE AGENCY OR A GOVERNMENT AGENCY AS PROVIDED IN SECTION
9121(B.1) AND (B.2) (RELATING TO GENERAL REGULATIONS).
(2) EXCEPT WHEN REQUESTED OR REQUIRED BY A CRIMINAL
JUSTICE AGENCY, OR BY AND FOR THE OFFICIAL USE OF A
GOVERNMENT AGENCY DESCRIBED IN SECTION 9121(B.1) OR 9124(A)
(RELATING TO USE OF RECORDS BY LICENSING AGENCIES), NO
INDIVIDUAL SHALL BE REQUIRED NOR REQUESTED TO DISCLOSE
INFORMATION ABOUT THE PERSON'S CRIMINAL HISTORY RECORDS THAT
ARE THE SUBJECT OF A COURT ORDER FOR LIMITED ACCESS GRANTED
UNDER THIS SECTION.] SUBJECT TO THE EXCEPTIONS IN SUBSECTION
(B) AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,
UPON PETITION OF A PERSON WHO HAS BEEN FREE FROM CONVICTION
FOR A PERIOD OF 10 YEARS FOR AN OFFENSE PUNISHABLE BY ONE OR
MORE YEARS IN PRISON AND HAS COMPLETED COURT-ORDERED
FINANCIAL OBLIGATIONS OF THE SENTENCE, THE COURT OF COMMON
PLEAS IN THE JURISDICTION IF A CONVICTION OCCURRED MAY ENTER
AN ORDER THAT CRIMINAL HISTORY RECORD INFORMATION MAINTAINED
BY A CRIMINAL JUSTICE AGENCY PERTAINING TO A QUALIFYING
MISDEMEANOR OR AN UNGRADED OFFENSE WHICH CARRIES A MAXIMUM
PENALTY OF NO MORE THAN FIVE YEARS BE DISSEMINATED ONLY TO A
CRIMINAL JUSTICE AGENCY OR AS PROVIDED IN SECTION 9121(B.1)
AND (B.2) (RELATING TO GENERAL REGULATIONS).
(B) EXCEPTIONS.--AN ORDER FOR LIMITED ACCESS UNDER THIS
SECTION SHALL NOT BE GRANTED [TO AN INDIVIDUAL WHO HAS BEEN
CONVICTED AT ANY TIME OF ANY OF THE FOLLOWING:
(1) AN OFFENSE PUNISHABLE BY IMPRISONMENT OF MORE THAN
TWO YEARS.
(2) FOUR OR MORE OFFENSES PUNISHABLE BY IMPRISONMENT OF
ONE OR MORE YEARS.
(3) A VIOLATION OF SECTION 2701 (RELATING TO SIMPLE
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ASSAULT), EXCEPT WHEN THE OFFENSE IS GRADED AS A MISDEMEANOR
OF THE THIRD DEGREE.
(4) A VIOLATION OF SECTION 3129 (RELATING TO SEXUAL
INTERCOURSE WITH ANIMAL).
(5) A VIOLATION OF SECTION 4912 (RELATING TO
IMPERSONATING A PUBLIC SERVANT).
(6) A VIOLATION OF SECTION 4952 (RELATING TO
INTIMIDATION OF WITNESSES OR VICTIMS).
(7) A VIOLATION OF SECTION 4953 (RELATING TO RETALIATION
AGAINST WITNESS, VICTIM OR PARTY).
(8) A VIOLATION OF SECTION 4958 (RELATING TO
INTIMIDATION, RETALIATION OR OBSTRUCTION IN CHILD ABUSE
CASES).
(9) AN OFFENSE WHICH REQUIRES REGISTRATION UNDER 42
PA.C.S. CH. 97 SUBCH. H (RELATING TO REGISTRATION OF SEXUAL
OFFENDERS).] FOR ANY OF THE FOLLOWING:
(1) A CONVICTION FOR AN OFFENSE PUNISHABLE BY MORE THAN
TWO YEARS IN PRISON WHICH IS ANY OF THE FOLLOWING:
(I) AN OFFENSE UNDER PT. II ARTICLE B (RELATING TO
OFFENSES INVOLVING DANGER TO THE PERSON).
(II) AN OFFENSE UNDER PT. II ARTICLE D (RELATING TO
OFFENSES AGAINST THE FAMILY).
(III) AN OFFENSE UNDER CHAPTER 61 (RELATING TO
FIREARMS AND OTHER DANGEROUS ARTICLES).
(IV) AN OFFENSE SPECIFIED IN 42 PA.C.S. § 9799.14
(RELATING TO SEXUAL OFFENSES AND TIER SYSTEM).
(2) AN INDIVIDUAL WHO MEETS ANY OF THE FOLLOWING:
(I) HAS BEEN CONVICTED OF MURDER, A FELONY OF THE
FIRST DEGREE OR AN OFFENSE PUNISHABLE BY IMPRISONMENT OF
20 OR MORE YEARS.
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(II) HAS BEEN CONVICTED WITHIN THE PREVIOUS 20 YEARS
OF:
(A) A FELONY OR AN OFFENSE PUNISHABLE BY
IMPRISONMENT OF SEVEN OR MORE YEARS INVOLVING:
(I) AN OFFENSE UNDER PT. II ARTICLE B;
(II) AN OFFENSE UNDER PT. II ARTICLE D;
(III) AN OFFENSE UNDER CHAPTER 61; OR
(IV) AN OFFENSE SPECIFIED IN 42 PA.C.S. §
9799.14; OR
(B) FOUR OR MORE OFFENSES PUNISHABLE BY
IMPRISONMENT OF TWO OR MORE YEARS.
(III) HAS, WITHIN THE PREVIOUS 15 YEARS, BEEN
CONVICTED OF:
(A) TWO OR MORE OFFENSES PUNISHABLE BY MORE THAN
TWO YEARS IN PRISON; OR
(B) ANY OF THE FOLLOWING:
(I) AN OFFENSE UNDER SECTION 3127 (RELATING
TO INDECENT EXPOSURE).
(II) AN OFFENSE UNDER SECTION 3129 (RELATING
TO SEXUAL INTERCOURSE WITH ANIMAL).
(III) AN OFFENSE UNDER SECTION 4915.1
(RELATING TO FAILURE TO COMPLY WITH REGISTRATION
REQUIREMENTS).
(IV) AN OFFENSE UNDER SECTION 5122 (RELATING
TO WEAPONS OR IMPLEMENTS FOR ESCAPE).
(V) AN OFFENSE UNDER SECTION 5510 (RELATING
TO ABUSE OF CORPSE).
(VI) AN OFFENSE UNDER SECTION 5515 (RELATING
TO PROHIBITING OF PARAMILITARY TRAINING).
* * *
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SECTION 2. TITLE 18 IS AMENDED BY ADDING SECTIONS TO READ:
§ 9122.2. CLEAN SLATE LIMITED ACCESS.
(A) GENERAL RULE.--THE FOLLOWING SHALL BE SUBJECT TO LIMITED
ACCESS:
(1) SUBJECT TO THE EXCEPTIONS UNDER SECTION 9122.3
(RELATING TO EXCEPTIONS) OR IF A COURT HAS VACATED AN ORDER
FOR LIMITED ACCESS UNDER SECTION 9122.4 (RELATING TO ORDER TO
VACATE ORDER FOR LIMITED ACCESS), CRIMINAL HISTORY RECORD
INFORMATION PERTAINING TO A CONVICTION OF A MISDEMEANOR OF
THE SECOND DEGREE, A MISDEMEANOR OF THE THIRD DEGREE OR A
MISDEMEANOR OFFENSE PUNISHABLE BY IMPRISONMENT OF NO MORE
THAN TWO YEARS IF A PERSON HAS BEEN FREE FOR 10 YEARS FROM
CONVICTION FOR ANY OFFENSE PUNISHABLE BY IMPRISONMENT OF ONE
OR MORE YEARS AND IF COMPLETION OF THE COURT-ORDERED
FINANCIAL OBLIGATIONS OF THE SENTENCE HAS OCCURRED.
(2) CRIMINAL HISTORY RECORD INFORMATION PERTAINING TO
CHARGES WHICH RESULTED IN A FINAL DISPOSITION OTHER THAN A
CONVICTION.
(3) CRIMINAL HISTORY RECORD INFORMATION PERTAINING TO A
CONVICTION FOR A SUMMARY OFFENSE WHEN 10 YEARS HAVE ELAPSED
SINCE ENTRY OF THE JUDGMENT OF CONVICTION AND COMPLETION OF
ALL COURT-ORDERED FINANCIAL OBLIGATIONS OF THE SENTENCE HAS
OCCURRED.
(B) PROCEDURES.--
(1) ON A MONTHLY BASIS, THE ADMINISTRATIVE OFFICE OF
PENNSYLVANIA COURTS SHALL TRANSMIT TO THE PENNSYLVANIA STATE
POLICE CENTRAL REPOSITORY THE RECORD OF ANY CONVICTION
ELIGIBLE FOR LIMITED ACCESS UNDER SUBSECTION (A)(1).
(2) THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS
SHALL TRANSMIT TO THE PENNSYLVANIA STATE POLICE REPOSITORY:
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(I) THE RECORD OF CHARGES SUBJECT TO LIMITED ACCESS
UNDER SUBSECTION (A)(2) WITHIN 30 DAYS AFTER ENTRY OF THE
DISPOSITION AND PAYMENT OF COURT-ORDERED OBLIGATIONS.
(II) THE RECORD OF ANY CONVICTION UNDER SUBSECTION
(A)(3) WITHIN 30 DAYS AFTER THE RECORD BECOMES SUBJECT TO
LIMITED ACCESS.
(3) IF THE PENNSYLVANIA STATE POLICE CENTRAL REPOSITORY
DETERMINES THROUGH A VALIDATION PROCESS THAT A RECORD
TRANSMITTED IS NOT ELIGIBLE FOR LIMITED ACCESS RELIEF UNDER
SUBSECTION (A) OR DOES NOT MATCH DATA HELD IN THE REPOSITORY,
THE PENNSYLVANIA STATE POLICE SHALL NOTIFY THE ADMINISTRATIVE
OFFICE OF PENNSYLVANIA COURTS OF THIS DETERMINATION WITHIN 30
DAYS OF RECEIVING THE INFORMATION.
(4) UPON THE EXPIRATION OF THE 30-DAY PERIOD, THE
ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS SHALL REMOVE
FROM THE LIST OF ELIGIBLE RECORDS ANY RECORD FOR WHICH THE
ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS RECEIVED A
NOTIFICATION OF INELIGIBILITY OR NONMATCH WITH REPOSITORY
DATA.
(5) EACH COURT OF COMMON PLEAS SHALL ISSUE MONTHLY AN
ORDER FOR LIMITED ACCESS FOR ANY RECORD IN ITS JUDICIAL
DISTRICT FOR WHICH NO NOTIFICATION OF INELIGIBILITY WAS
RECEIVED BY THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS.
(C) LIMITATION ON RELEASE OF RECORDS.--A CRIMINAL HISTORY
RECORD THAT IS THE SUBJECT OF AN ORDER FOR LIMITED ACCESS UNDER
THIS SECTION SHALL BE MADE AVAILABLE TO A NONCRIMINAL JUSTICE
AGENCY ONLY AS PROVIDED FOR IN SECTION 9121(B), (B.1) AND (B.2)
(RELATING TO GENERAL REGULATIONS).
§ 9122.3. EXCEPTIONS.
(A) LIMITED ACCESS NOT APPLICABLE.--LIMITED ACCESS TO
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RECORDS UNDER SECTION 9122.2(A)(1) (RELATING TO CLEAN SLATE
LIMITED ACCESS) SHALL NOT BE GRANTED FOR ANY OF THE FOLLOWING:
(1) A CONVICTION FOR ANY OF THE FOLLOWING:
(I) AN OFFENSE UNDER PT. II ARTICLE B (RELATING TO
OFFENSES INVOLVING DANGER TO THE PERSON).
(II) AN OFFENSE UNDER PT. II ARTICLE D (RELATING TO
OFFENSES AGAINST THE FAMILY).
(III) AN OFFENSE UNDER CHAPTER 61 (RELATING TO
FIREARMS AND OTHER DANGEROUS ARTICLES).
(IV) AN OFFENSE UNDER 42 PA.C.S. § 9799.14 (RELATING
TO SEXUAL OFFENSES AND TIER SYSTEM).
(V) AN OFFENSE UNDER SECTION 5533 (RELATING TO
CRUELTY TO ANIMAL).
(VI) AN OFFENSE UNDER SECTION 6301 (RELATING TO
CORRUPTION OF MINORS).
(2) AN INDIVIDUAL WHO AT ANY TIME HAS BEEN CONVICTED OF:
(I) A FELONY.
(II) TWO OR MORE OFFENSES PUNISHABLE BY IMPRISONMENT
OF MORE THAN TWO YEARS.
(III) FOUR OR MORE OFFENSES PUNISHABLE BY
IMPRISONMENT OF ONE OR MORE YEARS.
(IV) AN OFFENSE UNDER THE FOLLOWING:
(A) SECTION 3127 (RELATING TO INDECENT
EXPOSURE).
(B) SECTION 3129 (RELATING TO SEXUAL INTERCOURSE
WITH ANIMAL).
(C) SECTION 4915.1 (RELATING TO FAILURE TO
COMPLY WITH REGISTRATION REQUIREMENTS).
(D) SECTION 5122 (RELATING TO WEAPONS OR
IMPLEMENTS FOR ESCAPE).
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(E) SECTION 5510 (RELATING TO ABUSE OF CORPSE).
(F) SECTION 5515 (RELATING TO PROHIBITING OF
PARAMILITARY TRAINING).
(B) LIMITED ACCESS TO SAME CASE.--LIMITED ACCESS UNDER THIS
SECTION SHALL NOT APPLY TO AN OTHERWISE QUALIFYING CONVICTION IF
A CONVICTION FOR AN OFFENSE PUNISHABLE BY IMPRISONMENT OF FIVE
OR MORE YEARS OR AN OFFENSE ENUMERATED IN SUBSECTION (A) AROSE
OUT OF THE SAME CASE.
(C) FILING.--NOTHING IN THIS SECTION SHALL PRECLUDE THE
FILING OF A PETITION FOR LIMITED ACCESS UNDER SECTION 9122.1
(RELATING TO PETITION FOR LIMITED ACCESS) IF LIMITED ACCESS IS
AVAILABLE UNDER THAT SECTION.
§ 9122.4. ORDER TO VACATE ORDER FOR LIMITED ACCESS.
(A) GENERAL RULE.--UPON PETITION OF THE PROSECUTING ATTORNEY
TO THE COURT WITH JURISDICTION OVER A CONVICTION, AND WITH
NOTICE TO THE DEFENDANT AND OPPORTUNITY TO BE HEARD, THE COURT
SHALL VACATE AN ORDER FOR LIMITED ACCESS GRANTED UNDER SECTION
9122.2 (RELATING TO CLEAN SLATE LIMITED ACCESS) IF THE COURT
DETERMINES THAT THE ORDER WAS ERRONEOUSLY ENTERED AND NOT IN
ACCORDANCE WITH SECTION 9122.2.
(B) CONVICTION.--UPON CONVICTION OF A MISDEMEANOR OR FELONY
OFFENSE AND MOTION OF THE PROSECUTING ATTORNEY, THE COURT SHALL
ENTER AN ORDER VACATING ANY PRIOR ORDER FOR LIMITED ACCESS
PERTAINING TO A RECORD OF THE DEFENDANT, EXCEPT UNDER SECTION
9122.2(A)(2).
(C) TRANSMISSION TO REPOSITORY.--AN ORDER UNDER SUBSECTION
(A) OR (B) SHALL BE TRANSMITTED TO THE CENTRAL REPOSITORY OF THE
PENNSYLVANIA STATE POLICE.
§ 9122.5. EFFECTS OF EXPUNGED RECORDS AND RECORDS SUBJECT TO
LIMITED ACCESS.
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(A) DISCLOSURE.--
(1) EXCEPT IF REQUESTED OR REQUIRED BY A CRIMINAL
JUSTICE AGENCY, OR IF DISCLOSURE TO NONCRIMINAL JUSTICE
AGENCIES IS AUTHORIZED OR REQUIRED BY SECTION 9121(B.1) AND
(B.2) (RELATING TO GENERAL REGULATIONS), AN INDIVIDUAL MAY
NOT BE REQUIRED OR REQUESTED TO DISCLOSE INFORMATION ABOUT
THE INDIVIDUAL'S CRIMINAL HISTORY RECORD THAT HAS BEEN
EXPUNGED OR PROVIDED LIMITED ACCESS UNDER SECTION 9122.1
(RELATING TO PETITION FOR LIMITED ACCESS) OR 9122.2 (RELATING
TO CLEAN SLATE LIMITED ACCESS). AN INDIVIDUAL REQUIRED OR
REQUESTED TO PROVIDE INFORMATION IN VIOLATION OF THIS SECTION
MAY RESPOND AS IF THE OFFENSE DID NOT OCCUR.
(2) THIS SUBSECTION SHALL NOT APPLY IF FEDERAL LAW,
INCLUDING RULES AND REGULATIONS PROMULGATED BY A SELF-
REGULATORY ORGANIZATION THAT HAS BEEN CREATED UNDER FEDERAL
LAW, REQUIRES THE CONSIDERATION OF AN APPLICANT'S CRIMINAL
HISTORY FOR PURPOSES OF EMPLOYMENT.
(B) DISQUALIFICATION BY LAW.--AN EXPUNGED RECORD OR A RECORD
SUBJECT TO LIMITED ACCESS UNDER SECTION 9122.1 OR 9122.2 MAY NOT
BE CONSIDERED A CONVICTION THAT WOULD PROHIBIT THE EMPLOYMENT OF
A PERSON UNDER ANY LAW OF THIS COMMONWEALTH OR UNDER FEDERAL
LAWS THAT PROHIBIT EMPLOYMENT BASED ON STATE CONVICTIONS TO THE
EXTENT PERMITTED BY FEDERAL LAW.
§ 9122.6. EMPLOYER IMMUNITY FROM LIABILITY.
AN EMPLOYER WHO EMPLOYS OR OTHERWISE ENGAGES AN INDIVIDUAL
WHOSE CRIMINAL HISTORY RECORD HAS BEEN EXPUNGED OR TO WHICH
LIMITED ACCESS HAS BEEN APPLIED UNDER SECTION 9122.1 (RELATING
TO PETITION FOR LIMITED ACCESS) OR 9122.2 (RELATING TO CLEAN
SLATE LIMITED ACCESS) SHALL BE IMMUNE FROM LIABILITY FOR ANY
CLAIM ARISING OUT OF THE MISCONDUCT OF THE INDIVIDUAL, IF THE
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MISCONDUCT RELATES TO THE PORTION OF THE CRIMINAL HISTORY RECORD
THAT HAS BEEN EXPUNGED OR PROVIDED LIMITED ACCESS.
Section 3. Sections 6307(b) and 6308(b) of Title 42 are
amended to read:
§ 6307. Inspection of court files and records.
* * *
(b) Public availability.--
[(1) The contents of court records and files concerning
a child shall not be disclosed to the public unless any of
the following apply:
(i) The child has been adjudicated delinquent by a
court as a result of an act or acts committed:
(A) when the child was 14 years of age or older
and the conduct would be considered a felony if
committed by an adult; or
(B) when the child was 12 or 13 years of age and
the conduct would have constituted one or more of the
following offenses if committed by an adult:
(I) Murder.
(II) Voluntary manslaughter.
(III) Aggravated assault as defined in 18
Pa.C.S. § 2702(a)(1) or (2) (relating to
aggravated assault).
(IV) Arson as defined in 18 Pa.C.S. §
3301(a)(1) (relating to arson and related
offenses).
(V) Involuntary deviate sexual intercourse.
(VI) Kidnapping.
(VII) Rape.
(VIII) Robbery as defined in 18 Pa.C.S. §
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3701(a)(1)(i), (ii) or (iii) (relating to
robbery).
(IX) Robbery of motor vehicle.
(X) Attempt or conspiracy to commit any of
the offenses in this subparagraph.
(ii) A petition alleging delinquency has been filed
alleging that the child has committed an act or acts
subject to a hearing pursuant to section 6336(e)
(relating to conduct of hearings) and the child
previously has been adjudicated delinquent by a court as
a result of an act or acts committed:
(A) when the child was 14 years of age or older
and the conduct would be considered a felony if
committed by an adult; or
(B) when the child was 12 or 13 years of age and
the conduct would have constituted one or more of the
following offenses if committed by an adult:
(I) Murder.
(II) Voluntary manslaughter.
(III) Aggravated assault as defined in 18
Pa.C.S. § 2702(a)(1) or (2).
(IV) Arson as defined in 18 Pa.C.S. §
3301(a)(1).
(V) Involuntary deviate sexual intercourse.
(VI) Kidnapping.
(VII) Rape.
(VIII) Robbery as defined in 18 Pa.C.S. §
3701(a)(1)(i), (ii) or (iii).
(IX) Robbery of motor vehicle.
(X) Attempt or conspiracy to commit any of
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the offenses in this subparagraph.]
(1.1) The contents of court records and files concerning
a child shall not be disclosed to the public unless any of
the following apply:
(i) The child has been adjudicated delinquent by a
court as a result of an act or acts committed when the
child was 14 years of age or older and the conduct would
have constituted one or more of the following offenses if
committed by an adult:
(A) Murder.
(B) Voluntary manslaughter.
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2) (relating to aggravated assault).
(D) Sexual Assault as defined in 18 Pa.C.S. §
3124.1 (relating to sexual assault).
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1)
(relating to arson and related offenses).
(G) Burglary as a felony in the first degree as
defined in 18 Pa.C.S. § 3502(c)(1) (relating to
burglary).
(H) Involuntary deviate sexual intercourse.
(I) Kidnapping.
(J) Rape.
(K) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii) (relating to robbery).
(L) Robbery of motor vehicle.
(M) Violation of 18 Pa.C.S. Ch. 61 (relating to
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firearms and other dangerous articles).
(N) Attempt or conspiracy to commit any of the
offenses in this subparagraph.
(ii) A petition alleging delinquency has been filed
alleging that the child has committed an act or acts
subject to a hearing pursuant to section 6336(e)
(relating to conduct of hearings) and the child
previously has been adjudicated delinquent by a court as
a result of an act or acts committed when the child was
14 years of age or older and the conduct would have
constituted one or more of the following offenses if
committed by an adult:
(A) Murder.
(B) Voluntary manslaughter.
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2).
(D) Sexual Assault as defined in 18 Pa.C.S. §
3124.1.
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125.
(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1).
(G) Burglary as a felony in the first degree as
defined in 18 Pa.C.S. § 3502(c)(1).
(H) Involuntary deviate sexual intercourse.
(I) Kidnapping.
(J) Rape.
(K) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii).
(L) Robbery of motor vehicle.
(M) Violation of 18 Pa.C.S. Ch. 61.
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(N) Attempt or conspiracy to commit any of the
offenses in this subparagraph.
(2) If the conduct of the child meets the requirements
for disclosure as set forth in paragraph [(1)] (1.1), then
the court shall disclose the name, age and address of the
child, the offenses charged and the disposition of the case.
The judge who adjudicates a child delinquent shall specify
the particular offenses and counts thereof which the child is
found to have committed, and such information shall be
inserted on any court or law enforcement records or files
disclosed to the public as provided for in this section or in
section 6308(b)(2) (relating to law enforcement records).
* * *
§ 6308. Law enforcement records.
* * *
(b) Public availability.--
[(1) The contents of law enforcement records and files
concerning a child shall not be disclosed to the public
unless any of the following apply:
(i) The child has been adjudicated delinquent by a
court as a result of an act or acts committed:
(A) when the child was 14 years of age or older
and the conduct would be considered a felony if
committed by an adult; or
(B) when the child was 12 or 13 years of age and
the conduct would have constituted one or more of the
following offenses if committed by an adult:
(I) Murder.
(II) Voluntary manslaughter.
(III) Aggravated assault as defined in 18
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Pa.C.S. § 2702(a)(1) or (2) (relating to
aggravated assault).
(IV) Arson as defined in 18 Pa.C.S. §
3301(a)(1) (relating to arson and related
offenses).
(V) Involuntary deviate sexual intercourse.
(VI) Kidnapping.
(VII) Rape.
(VIII) Robbery as defined in 18 Pa.C.S. §
3701(a)(1)(i), (ii) or (iii) (relating to
robbery).
(IX) Robbery of motor vehicle.
(X) Attempt or conspiracy to commit any of
the offenses in this subparagraph.
(ii) A petition alleging delinquency has been filed
alleging that the child has committed an act or acts
subject to a hearing pursuant to section 6336(e)
(relating to conduct of hearings) and the child
previously has been adjudicated delinquent by a court as
a result of an act or acts committed:
(A) when the child was 14 years of age or older
and the conduct would be considered a felony if
committed by an adult; or
(B) when the child was 12 or 13 years of age and
the conduct would have constituted one or more of the
following offenses if committed by an adult:
(I) Murder.
(II) Voluntary manslaughter.
(III) Aggravated assault as defined in 18
Pa.C.S. § 2702(a)(1) or (2).
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(IV) Arson as defined in 18 Pa.C.S. §
3301(a)(1).
(V) Involuntary deviate sexual intercourse.
(VI) Kidnapping.
(VII) Rape.
(VIII) Robbery as defined in 18 Pa.C.S. §
3701(a)(1)(i), (ii) or (iii).
(IX) Robbery of motor vehicle.
(X) Attempt or conspiracy to commit any of
the offenses in this subparagraph.]
(1.1) The contents of law enforcement records and files
concerning a child shall not be disclosed to the public
unless any of the following apply:
(i) The child has been adjudicated delinquent by a
court as a result of an act or acts committed when the
child was 14 years of age or older and the conduct would
have constituted one or more of the following offenses if
committed by an adult:
(A) Murder.
(B) Voluntary manslaughter.
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2) (relating to aggravated assault).
(D) Sexual Assault as defined in 18 Pa.C.S. §
3124.1 (relating to sexual assault).
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1)
(relating to arson and related offenses).
(G) Burglary as a felony in the first degree as
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defined in 18 Pa.C.S. § 3502(c)(1) (relating to
burglary).
(H) Involuntary deviate sexual intercourse.
(I) Kidnapping.
(J) Rape.
(K) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii) (relating to robbery).
(L) Robbery of motor vehicle.
(M) Violation of 18 Pa.C.S. Ch. 61 (relating to
firearms and other dangerous articles).
(N) Attempt or conspiracy to commit any of the
offenses in this subparagraph.
(ii) A petition alleging delinquency has been filed
alleging that the child has committed an act or acts
subject to a hearing pursuant to section 6336(e)
(relating to conduct of hearings) and the child
previously has been adjudicated delinquent by a court as
a result of an act or acts committed when the child was
14 years of age or older and the conduct would have
constituted one or more of the following offenses if
committed by an adult:
(A) Murder.
(B) Voluntary manslaughter.
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2).
(D) Sexual Assault as defined in 18 Pa.C.S. §
3124.1.
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125.
(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1).
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