PRINTER'S NO. 426
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 AND GOODMAN,
FEBRUARY 11, 2019
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 11, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal history record
information, further providing for expungement.
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:
ยง 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
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
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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 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. This paragraph shall not apply to a
partial 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
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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
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] ,
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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. This act shall take effect in 60 days.
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