Pennsylvania Act 2008-134 — CRIMES CODE (18 PA.C.S.) - EXPUNGEMENT OF CRIMINAL HISTORY RECORD

Act text

CRIMES CODE (18 PA.C.S.) - EXPUNGEMENT OF CRIMINAL HISTORY RECORD
                 Act of Nov. 26, 2008, P.L. 1670, No. 134             Cl. 18
                             Session of 2008
                               No. 2008-134

     HB 1543

                                  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), (b.1) and (c) of Title 18 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 9122.  Expungement.
        * * *
        (b)  Generally.--Criminal history record information may be
     expunged when:
            (1)  [an] 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[; or].
            (2)  [an] 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.
        (b.1)  Prohibition.--A court shall not have the authority to
     order expungement of the defendant's arrest record where the
     defendant was placed on Accelerated Rehabilitative Disposition
     for a violation of any offense set forth in any of the following
     where the victim is under 18 years of age:
            Section 3121 (relating to rape).
            Section 3122.1 (relating to statutory sexual assault).
            Section 3123 (relating to involuntary deviate sexual
        intercourse).
            Section 3124.1 (relating to sexual assault).
            Section 3125 (relating to aggravated indecent assault).
            Section 3126 (relating to indecent assault).
            Section 3127 (relating to indecent exposure).
            Section 5902(b) (relating to prostitution and related
        offenses).
            Section 5903 (relating to obscene and other sexual
        materials and performances).
        (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 where
     the court has ordered expungement under this section. Such
     information shall be used solely for the [purpose] purposes of
     determining subsequent eligibility for such programs [and for],
     identifying persons in criminal investigations[. Criminal
     history record information may be expunged as provided in
     subsection (b)(1) and (2).] 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.

     APPROVED--The 26th day of November, A. D. 2008.

     EDWARD G. RENDELL