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| PRIOR PRINTER'S NOS. 283, 1688, 2386 | PRINTER'S NO. 2415 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JULY 8, 2009 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and |
2 | Judicial Procedure) of the Pennsylvania Consolidated |
3 | Statutes, further providing for expungement of criminal |
4 | history record and; and for juvenile records; and providing | <-- |
5 | for expungement fee. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 9122(b) Sections 9122(a)(3), (b) and (f) | <-- |
9 | of Title 18 of the Pennsylvania Consolidated Statutes, amended |
10 | November 26, 2008 (P.L.1670, No.134), are amended to read: |
11 | § 9122. Expungement. |
12 | * * * | <-- |
13 | (a) Specific proceedings.--Criminal history record | <-- |
14 | information shall be expunged in a specific criminal proceeding |
15 | when: |
16 | * * * |
17 | (3) a person 21 years of age or older who has been |
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1 | convicted of a violation of section 6308 (relating to |
2 | purchase, consumption, possession or transportation of liquor |
3 | or malt or brewed beverages) which occurred on or after the |
4 | day the person attained 18 years of age petitions the court |
5 | of common pleas in the county where the conviction occurred |
6 | seeking expungement and the person has satisfied all terms |
7 | and conditions of the sentence imposed for the violation, |
8 | including any suspension of operating privileges imposed |
9 | pursuant to section 6310.4 (relating to restriction of |
10 | operating privileges). Upon review of the petition, the court |
11 | shall order the expungement of all criminal history record |
12 | information and all administrative records of the Department |
13 | of Transportation relating to said conviction. |
14 | (b) Generally.--Criminal history record information may be |
15 | expunged when: |
16 | (1) An individual who is the subject of the information |
17 | reaches 70 years of age and has been free of arrest or |
18 | prosecution for ten years following final release from |
19 | confinement or supervision. |
20 | (2) Any An individual who is the subject of the | <-- |
21 | information has been dead for three years. |
22 | (3) (i) An individual who is the subject of the |
23 | information, petitions the court for the expungement of a |
24 | summary offense and has been free of arrest or |
25 | prosecution for five years following the conviction for |
26 | that offense. |
27 | (ii) Expungement under this paragraph shall only be |
28 | permitted for a conviction of a summary offense. |
29 | (4) (i) An individual who is the subject of the |
30 | information petitions the court for expungement of the | <-- |
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1 | information and the individual a misdemeanor of the third | <-- |
2 | degree and has been free of arrest or prosecution for | <-- |
3 | seven years following final release from confinement or |
4 | supervision for the greater of the following time | <-- |
5 | periods: |
6 | (A) In the case of a misdemeanor of the third |
7 | degree, seven years. |
8 | (B) In the case of a misdemeanor of the second | <-- |
9 | degree, ten years. |
10 | (ii) This paragraph shall not apply to any |
11 | individual who has been convicted of: |
12 | (A) An offense punishable by imprisonment of |
13 | more than two years one year. | <-- |
14 | (B) Four or more offenses punishable by |
15 | imprisonment of one or more years. |
16 | (C) A violation of section 2701 (relating to |
17 | simple assault). |
18 | (D) An offense classified as a misdemeanor of | <-- |
19 | the second degree committed when the individual was |
20 | at least 25 years of age. |
21 | (E) (D) A violation of section 3126 (relating to | <-- |
22 | indecent assault). |
23 | (F) (E) A violation of section 3129 (relating to | <-- |
24 | sexual intercourse with animal). |
25 | (G) (F) A violation of section 5511 (relating to | <-- |
26 | cruelty to animals). |
27 | (H) (G) A violation of any provision of Chapter | <-- |
28 | 61 (relating to firearms and other dangerous |
29 | articles). |
30 | (I) (H) Any offense where an individual is | <-- |
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1 | required to register pursuant to 42 Pa.C.S. § 9795.1 |
2 | (relating to registration). |
3 | (J) (I) A violation of 75 Pa.C.S. Ch. 38 | <-- |
4 | (relating to driving after imbibing alcohol or |
5 | utilizing drugs). |
6 | (K) (J) A violation of Pt. II, Art. B (relating | <-- |
7 | to offenses involving danger to the person) if the |
8 | victim was a law enforcement officer engaged in the |
9 | performance of duty and the perpetrator knew the |
10 | victim was a law enforcement officer at the time of |
11 | the offense. |
12 | (5) Expungement under this section shall be at the |
13 | discretion of the court. In considering whether to grant the |
14 | petition for expungement, the court shall consider all |
15 | relevant factors, including all of the following: |
16 | (i) The nature of the offense. |
17 | (ii) The nature and disposition of any related |
18 | charges. |
19 | (iii) The impact of the offense upon any victims of |
20 | the offense. |
21 | (iv) Any reasons the Commonwealth may give for |
22 | wishing to retain the records. |
23 | (v) The petitioner's age, criminal record and |
24 | employment history. |
25 | (vi) The length of time that has elapsed between the |
26 | arrest and the petition to expunge. |
27 | (vii) The specific adverse consequences the |
28 | petitioner may endure should expunction be denied. |
29 | * * * |
30 | (f) District attorney's notice.--The court shall give [ten |
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1 | days] 30 days' prior notice to the district attorney of the |
2 | county where the original charge was filed of any applications |
3 | for expungement under the provisions of subsection (a)(2) or |
4 | (b). |
5 | Section 2. Section 9123(a) of Title 18 is amended to read: | <-- |
6 | § 9123. Juvenile records. |
7 | (a) Expungement of juvenile records.--Notwithstanding the |
8 | provisions of section 9105 (relating to other criminal justice |
9 | information) and except upon cause shown, expungement of records |
10 | of juvenile delinquency cases and cases involving summary |
11 | offenses committed while the individual was under 18 years of |
12 | age, wherever kept or retained, shall occur after 30 days' |
13 | notice to the district attorney, whenever the court upon its |
14 | motion or upon the motion of a child or the parents or guardian |
15 | finds: |
16 | (1) a complaint is filed which is not substantiated or |
17 | the petition which is filed as a result of a complaint is |
18 | dismissed by the court; |
19 | (2) six months have elapsed since the final discharge of |
20 | the person from supervision under a consent decree and no |
21 | proceeding seeking adjudication or conviction is pending; |
22 | (2.1) the individual is 18 years of age or older and has |
23 | been convicted of a violation of section 6308 (relating to |
24 | purchase, consumption, possession or transportation of liquor |
25 | or malt or brewed beverages) which occurred while the |
26 | individual was under 18 years of age and the individual has |
27 | satisfied all terms and conditions of the sentence imposed |
28 | for the violation, including any suspension of operating |
29 | privileges imposed pursuant to section 6310.4 (relating to |
30 | restriction of operating privileges). Expungement shall |
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1 | include all criminal history record information and all |
2 | administrative records of the Department of Transportation |
3 | relating to the conviction; |
4 | (2.2) the individual is 18 years of age or older and the |
5 | individual has satisfied all terms and conditions of the |
6 | sentence imposed following a conviction for a summary |
7 | offense, with the exception of a violation of section 6308, |
8 | committed while the individual was under 18 years of age and |
9 | the individual has not been convicted of a felony, |
10 | misdemeanor or adjudicated delinquent and no proceeding is |
11 | pending seeking such conviction or adjudication; |
12 | (3) five years have elapsed since the final discharge of |
13 | the person from commitment, placement, probation or any other |
14 | disposition and referral and since such final discharge, the |
15 | person has not been convicted of a felony, misdemeanor or |
16 | adjudicated delinquent and no proceeding is pending seeking |
17 | such conviction or adjudication; or |
18 | (4) the individual is [18] 17 years of age or older, the |
19 | attorney for the Commonwealth consents to the expungement and |
20 | a court orders the expungement after giving consideration to |
21 | the following factors: |
22 | (i) the type of offense; |
23 | (ii) the individual's age, history of employment, |
24 | criminal activity and drug or alcohol problems; |
25 | (iii) adverse consequences that the individual may |
26 | suffer if the records are not expunged; and |
27 | (iv) whether retention of the record is required for |
28 | purposes of protection of the public safety. |
29 | * * * |
30 | Section 2 3. Title 42 is amended by adding a section to | <-- |
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1 | read: |
2 | § 1725.7. Expungement fee. |
3 | In addition to any other fee authorized by law, a person who |
4 | is filing a petition for expungement under 18 Pa.C.S. § 9122 |
5 | (relating to expungement), shall pay a fee of $100 to the clerk |
6 | of courts at the time the petition for expungement is filed. The |
7 | clerk of courts shall ensure that $50 of the expungement fee |
8 | shall be directed to the Administrative Office of Pennsylvania |
9 | Courts and that $50 of the fee shall be directed to the |
10 | Pennsylvania State Police. |
11 | Section 3 4. This act shall take effect in 60 days. | <-- |
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