THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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 AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JULY 8, 2009   

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, further providing for expungement of criminal

history record and; and for juvenile records; and providing 

<--

for expungement fee.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 9122(b) Sections 9122(a)(3), (b) and (f)  

<--

of Title 18 of the Pennsylvania Consolidated Statutes, amended

November 26, 2008 (P.L.1670, No.134), are amended to read:

§ 9122.  Expungement.

* * *

<--

(a)  Specific proceedings.--Criminal history record

<--

information shall be expunged in a specific criminal proceeding

when:

* * *

(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.

(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 An 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 the court for expungement of the

<--

information and the individual a misdemeanor of the third

<--

degree and has been free of arrest or prosecution for

<--

seven years 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 one year.

<--

(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) (D)  A violation of section 3126 (relating to

<--

indecent assault).

(F) (E)  A violation of section 3129 (relating to

<--

sexual intercourse with animal).

(G) (F)  A violation of section 5511 (relating to

<--

cruelty to animals).

(H) (G)  A violation of any provision of Chapter

<--

61 (relating to firearms and other dangerous

articles).

(I) (H)  Any offense where an individual is

<--

required to register pursuant to 42 Pa.C.S. § 9795.1

(relating to registration).

(J) (I)  A violation of 75 Pa.C.S. Ch. 38

<--

(relating to driving after imbibing alcohol or

utilizing drugs).

(K) (J)  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.

(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.  Section 9123(a) of Title 18 is amended to read:

<--

§ 9123.  Juvenile records.

(a)  Expungement of juvenile records.--Notwithstanding the

provisions of section 9105 (relating to other criminal justice

information) and except upon cause shown, expungement of records

of juvenile delinquency cases and cases involving summary

offenses committed while the individual was under 18 years of

age, wherever kept or retained, shall occur after 30 days'

notice to the district attorney, whenever the court upon its

motion or upon the motion of a child or the parents or guardian

finds:

(1)  a complaint is filed which is not substantiated or

the petition which is filed as a result of a complaint is

dismissed by the court;

(2)  six months have elapsed since the final discharge of

the person from supervision under a consent decree and no

proceeding seeking adjudication or conviction is pending;

(2.1)  the individual is 18 years of age or older and 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 while the

individual was under 18 years of age and the individual 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). Expungement shall

include all criminal history record information and all

administrative records of the Department of Transportation

relating to the conviction;

(2.2)  the individual is 18 years of age or older and the

individual has satisfied all terms and conditions of the

sentence imposed following a conviction for a summary

offense, with the exception of a violation of section 6308,

committed while the individual was under 18 years of age and

the individual has not been convicted of a felony,

misdemeanor or adjudicated delinquent and no proceeding is

pending seeking such conviction or adjudication;

(3)  five years have elapsed since the final discharge of

the person from commitment, placement, probation or any other

disposition and referral and since such final discharge, the

person has not been convicted of a felony, misdemeanor or

adjudicated delinquent and no proceeding is pending seeking

such conviction or adjudication; or

(4)  the individual is [18] 17 years of age or older, the

attorney for the Commonwealth consents to the expungement and

a court orders the expungement after giving consideration to

the following factors:

(i)  the type of offense;

(ii)  the individual's age, history of employment,

criminal activity and drug or alcohol problems;

(iii)  adverse consequences that the individual may

suffer if the records are not expunged; and

(iv)  whether retention of the record is required for

purposes of protection of the public safety.

* * *

Section 2 3.  Title 42 is amended by adding a section to 

<--

read:

§ 1725.7.  Expungement fee.

In addition to any other fee authorized by law, a person who

is filing a petition for expungement under 18 Pa.C.S. § 9122

(relating to expungement), shall pay a fee of $100 to the clerk

of courts at the time the petition for expungement is filed. The

clerk of courts shall ensure that $50 of the expungement fee

shall be directed to the Administrative Office of Pennsylvania

Courts and that $50 of the fee shall be directed to the

Pennsylvania State Police.

Section 3 4.  This act shall take effect in 60 days.

<--