Pending Legislation Amending and Expanding Expungement Opportunities

Amends Titles 18 (Crimes & Offenses) & 42 (Judiciary) further providing for expungement of criminal history record and for juvenile records; and providing for expungement fee.

SENATE AMENDED
PRIOR PRINTER’S NOS. 283, 1688, 2386,
2415 PRINTER’S NO. 3801
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 264 Session of
2009
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
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, MAY 25,
2010
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 for juvenile records; and providing for
expungement fee; AND MAKING AN EDITORIAL CHANGE.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. 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:
SECTION 1. SECTIONS 9105 AND 9122(A)(3), (B) AND (F) OF
TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED
TO READ:
§ 9105. OTHER CRIMINAL JUSTICE INFORMATION.
NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO APPLY TO
INFORMATION CONCERNING JUVENILES, EXCEPT AS PROVIDED IN SECTION
9123 (RELATING TO JUVENILE DELINQUENCY AND SUMMARY RECORDS),
UNLESS THEY HAVE BEEN ADJUDICATED AS ADULTS, NOR SHALL IT APPLY
TO INTELLIGENCE INFORMATION, INVESTIGATIVE INFORMATION,
TREATMENT INFORMATION, INCLUDING MEDICAL AND PSYCHIATRIC
INFORMATION, CAUTION INDICATOR INFORMATION, MODUS OPERANDI
INFORMATION, WANTED PERSONS INFORMATION, STOLEN PROPERTY
INFORMATION, MISSING PERSONS INFORMATION, EMPLOYMENT HISTORY
INFORMATION, PERSONAL HISTORY INFORMATION, NOR PRESENTENCE
INVESTIGATION INFORMATION. CRIMINAL HISTORY RECORD INFORMATION
MAINTAINED AS A PART OF THESE RECORDS SHALL NOT BE DISSEMINATED
UNLESS IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER.
§ 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) 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 a
misdemeanor of the third degree an d has been free o f
arrest or prosecutio n for seven year s following fina l
release from confinement or supervision fo r seven years .
SUPERVISION.
(ii) This paragraph shall not apply to any
individual who has been convicted of:
(A) An offense punishable by imprisonment of
more than one yea r .
(B) Four or more offenses punishable by
imprisonment of one or more years.
(C) A violation of section 2701 (relating to
simple assault).
(D ) A violation of section 3126 (relating t o
indecent assault).
(E ) A violation of section 3129 (relating t o
sexual intercourse with animal).
(F ) A violation of section 5511 (relating t o
cruelty to animals).
(G ) A violation of any provision of Chapter 6 1
(relating to firearms and other dangerous articles).
(H ) Any offense where an individual is require d
to register pursuant to 42 Pa.C.S. § 9795.1 (relating
to registration).
(I ) A violation of 75 Pa.C.S. Ch. 38 (relatin g
to driving after imbibing alcohol or utilizing
drugs).
(J ) A violation of Pt. II, Art. B (relating t o
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 DELINQUENCY AND SUMMARY records.
(a) Expungement of juvenile DELINQUENCY AND SUMMARY
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 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 4. This act shall take effect in 60 days.