Bill Text: PA HB264 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for expungement of criminal history record and for juvenile records; providing for expungement fee; and making an editorial change.

Spectrum: Moderate Partisan Bill (Democrat 22-3)

Status: (Engrossed - Dead) 2010-06-23 - Re-referred to APPROPRIATIONS [HB264 Detail]

Download: Pennsylvania-2009-HB264-Amended.html

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PRIOR PRINTER'S NO. 283 PRINTER'S NO. 1688
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 264 Session of2009
INTRODUCED BY SOLOBAY, BROWN, CALTAGIRONE, CARROLL, COHEN, CREIGHTON, DERMODY, GEORGE, GIBBONS, GOODMAN, HALUSKA, KILLION, KORTZ, KOTIK, KULA, MAHONEY, MELIO, MUNDY, M. O'BRIEN, SIPTROTH, THOMAS, WALKO, WANSACZ, WHITE AND GEIST, FEBRUARY 5, 2009
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 28, 2009
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for expungement of
criminal history record.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9122(b) and (f) of Title 18 of the <--
Pennsylvania Consolidated Statutes, amended November 26, 2008
(P.L.1670, No.134), is are amended to read: <--
§ 9122. Expungement.
* * *
(b) Generally.--Criminal history record information may be
expunged when:
(1) An individual who is the subject of the information
reaches 70 years of age and has been free of arrest or
prosecution for ten years following final release from
confinement or supervision.
(2) Any individual who is the subject of the information
has been dead for three years.
(3) (i) An individual who is the subject of the
information, petitions the court for the expungement of a
summary offense and has been free of arrest or
prosecution for five years following the conviction for
that offense.
(ii) Expungement under this paragraph shall only be
permitted for a conviction of a summary offense.
(4) (i) An individual who is the subject of the
information petitions for expungement of the information
and the individual has been free of arrest or prosecution
following final release from confinement or supervision
for the greater of the following time periods:
(A) In the case of a misdemeanor of the third
degree, seven years.
(B) In the case of a misdemeanor of the second
degree, ten years.
(ii) This paragraph shall not apply to any
individual who has been convicted of:
(A) An offense punishable by imprisonment of
more than two years.
(B) Four or more offenses punishable by
imprisonment of one or more years.
(C) A violation of section 2701 (relating to
simple assault).
(D) An offense classified as a misdemeanor of
the second degree committed when the individual was
at least 25 years of age.
(E) A violation of section 3126 (relating to
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indecent assault).
(F) A violation of section 3129 (relating to
sexual intercourse with animal).
(G) A violation of section 5511 (relating to
cruelty to animals).
(H) A violation of any provision of Chapter 61
(relating to firearms and other dangerous articles).
(I) Any offense where an individual is required <--
to register pursuant to 42 Pa.C.S. § 9795.1 (relating
to registration).
(j) A violation of 75 Pa.C.S. Ch. 38 (relating
to driving after imbibing alcohol or utilizing
drugs).
(k) A violation of Pt. II, Art. B (relating to
offenses involving danger to the person) if the
victim was a law enforcement officer engaged in the
performance of duty and the perpetrator knew the
victim was a law enforcement officer at the time of
the offense.
(5) Expungement under this section shall be at the
discretion of the court. In considering whether to grant the
petition for expungement, the court shall consider all
relevant factors, including all of the following:
(i) The nature of the offense.
(ii) The nature and disposition of any related
charges.
(iii) The impact of the offense upon any victims of
the offense.
(iv) Any reasons the Commonwealth may give for
wishing to retain the records.
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(v) The petitioner's age, criminal record and
employment history.
(vi) The length of time that has elapsed between the
arrest and the petition to expunge.
(vii) The specific adverse consequences the
petitioner may endure should expunction be denied.
* * *
(f) District attorney's notice.--The court shall give [ten <--
days] 30 days' prior notice to the district attorney of the
county where the original charge was filed of any applications
for expungement under the provisions of subsection (a)(2) or
(b).
Section 2. This act shall take effect in 60 days.
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