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A04228
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
440
Session of
2019
INTRODUCED BY NESBIT, McCLINTON, BRIGGS, JAMES, MURT, KENYATTA,
LONGIETTI, READSHAW, RABB, YOUNGBLOOD, ISAACSON, DIAMOND,
FREEMAN, IRVIN, SIMMONS, McNEILL, HOWARD, STAATS, HILL-EVANS,
GROVE, NEILSON, SCHWEYER, WARREN, HARRIS, BURGOS, SOLOMON,
SANCHEZ, STURLA, A. DAVIS, KINSEY, D. MILLER, KORTZ, CEPHAS,
T. DAVIS, BULLOCK, DALEY, DAVIDSON, GOODMAN, KRUEGER, CIRESI,
WILLIAMS, MADDEN, DAWKINS, SNYDER, WHEELAND, McCARTER AND
ROEBUCK, FEBRUARY 11, 2019
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 9, 2019
AN ACT
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 expungement., FOR PETITION FOR LIMITED ACCESS,
FOR CLEAN SLATE LIMITED ACCESS AND FOR EFFECTS OF EXPUNGED
RECORDS AND RECORDS SUBJECT TO LIMITED ACCESS; AND, IN
ADMINISTRATION OF JUSTICE, FURTHER PROVIDING FOR ATTACHMENT
AND SUMMARY PUNISHMENT FOR CONTEMPTS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9122(a) and (c) of Title 18 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 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
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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;
(2) a court order requires that such nonconviction data
be expunged; [or]
(2.1) a person has been pardoned GRANTED AN
UNCONDITIONAL PARDON for an offense in accordance with law;
(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
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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
(i), the Commonwealth shall have 60 days to object to the
automatic expungement on the basis that the expungement
of the acquittal relates to the same conduct, arises from
the same criminal episode or otherwise relates 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.
* * *
(c) Maintenance of certain information required or
authorized.--Notwithstanding any other provision of this
chapter, the prosecuting attorney and the central repository
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shall, and the court may, maintain a list of the names and other
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 been pardoned 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.
* * *
SECTION 2. SECTIONS 9122.1(A) AND 9122.2(A)(1) AND (3) AND
(B)(2)(I) OF TITLE 18 ARE AMENDED TO READ:
§ 9122.1. PETITION FOR LIMITED ACCESS.
(A) GENERAL RULE.--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 [EACH COURT-ORDERED FINANCIAL
OBLIGATION OF THE SENTENCE] PAYMENT OF ALL COURT-ORDERED
RESTITUTION AND THE FEE PREVIOUSLY AUTHORIZED TO CARRY OUT THE
LIMITED ACCESS AND CLEAN SLATE LIMITED ACCESS PROVISIONS, THE
COURT OF COMMON PLEAS IN THE JURISDICTION WHERE 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
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9121(B.1) AND (B.2) (RELATING TO GENERAL REGULATIONS). A court
may not enter an order under this subsection unless the person
who filed the petition, upon payment of all court-ordered
restitution, also paid the fee previously authorized to carry
out the limited access and clean slate limited access
provisions.
* * *
§ 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 EACH COURT-ORDERED
FINANCIAL OBLIGATION OF THE SENTENCE] PAYMENT OF ALL COURT-
ORDERED RESTITUTION AND THE FEE PREVIOUSLY AUTHORIZED TO
CARRY OUT THE LIMITED ACCESS AND CLEAN SLATE LIMITED ACCESS
PROVISIONS HAS OCCURRED. Upon payment of all court-ordered
restitution, the person whose criminal history record
information is subject to limited access under this paragraph
shall also pay the fee previously authorized to carry out the
limited access and clean slate limited access provisions.
* * *
(3) CRIMINAL HISTORY RECORD INFORMATION PERTAINING TO A
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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]
PAYMENT OF ALL COURT-ORDERED RESTITUTION AND THE FEE
PREVIOUSLY AUTHORIZED TO CARRY OUT THE LIMITED ACCESS AND
CLEAN SLATE LIMITED ACCESS PROVISIONS HAS OCCURRED. Upon
payment of all court-ordered restitution, the person whose
criminal history record information is subject to limited
access under this paragraph shall also pay the fee previously
authorized to carry out the limited access and clean slate
limited access provisions.
(B) PROCEDURES.--
* * *
(2) THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS
SHALL TRANSMIT TO THE PENNSYLVANIA STATE POLICE REPOSITORY:
(I) THE RECORD OF CHARGES SUBJECT TO LIMITED ACCESS
UNDER SUBSECTION (A)(2) WITHIN 30 DAYS AFTER ENTRY OF THE
DISPOSITION AND PAYMENT OF [EACH COURT-ORDERED
OBLIGATION] ANY ORDERED RESTITUTION.
* * *
SECTION 3. SECTION 9122.5 OF TITLE 18 IS AMENDED BY ADDING A
SUBSECTION TO READ:
§ 9122.5. EFFECTS OF EXPUNGED RECORDS AND RECORDS SUBJECT TO
LIMITED ACCESS.
* * *
(C) USE FOR SENTENCING.--NOTWITHSTANDING ANY OTHER PROVISION
OF THIS CHAPTER, A RECORD SUBJECT TO LIMITED ACCESS UNDER
SECTION 9122.1 OR 9122.2 SHALL REMAIN PART OF A PERSON'S
CRIMINAL HISTORY RECORD INFORMATION AND SHALL BE DISCLOSED TO A
COURT FOR ANY RELEVANT PURPOSE IN ACCORDANCE WITH LAW, INCLUDING
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SENTENCING.
SECTION 4. SECTION 4132 OF TITLE 42 IS AMENDED TO READ:
§ 4132. ATTACHMENT AND SUMMARY PUNISHMENT FOR CONTEMPTS.
THE POWER OF THE SEVERAL COURTS OF THIS COMMONWEALTH TO ISSUE
ATTACHMENTS AND TO IMPOSE SUMMARY PUNISHMENTS FOR CONTEMPTS OF
COURT SHALL BE RESTRICTED TO THE FOLLOWING CASES:
(1) THE OFFICIAL MISCONDUCT OF THE OFFICERS OF SUCH
COURTS RESPECTIVELY.
(1.1) THE WILLFUL FAILURE OF THE OFFICERS OF SUCH COURTS
TO DISCLOSE A PERSON'S COMPLETE CRIMINAL HISTORY RECORD
INFORMATION WHEN REQUESTED.
(2) DISOBEDIENCE OR NEGLECT BY OFFICERS, PARTIES, JURORS
OR WITNESSES OF OR TO THE LAWFUL PROCESS OF THE COURT.
(3) THE MISBEHAVIOR OF ANY PERSON IN THE PRESENCE OF THE
COURT, THEREBY OBSTRUCTING THE ADMINISTRATION OF JUSTICE.
SECTION 5. WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS
SECTION, THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS AND
THE PENNSYLVANIA STATE POLICE SHALL IDENTIFY AND COMPLETE THE
PROCESSING OF RECORDS THAT ARE ELIGIBLE FOR EXPUNGEMENT UNDER 18
PA.C.S. § 9122(A)(4), LIMITED ACCESS UNDER 18 PA.C.S. §
9122.2(A) AND CLEAN SLATE LIMITED ACCESS UNDER 18 PA.C.S. §
9122.2(A)(1) AND (3).
Section 2 6. This act shall take effect in 60 days.
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