§ 9122.1. Petition for limited access
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and OffensesEffective: February 12, 2024
Effective: February 12, 2024
18 Pa.C.S.A. § 9122.1
§ 9122.1. Petition for limited access
(a) General rule.--Subject to the exceptions in subsection (b) and notwithstanding any other provision of this chapter, upon petition of a person who has been free from conviction for a period of seven years for an offense punishable by one or more years in prison and has completed payment of all court-ordered restitution and the fee previously authorized to carry out the limited access and clean slate limited access provisions, the court of common pleas in the jurisdiction where a conviction occurred may enter an order that criminal history record information maintained by a criminal justice agency pertaining to a qualifying misdemeanor or an ungraded offense which carries a maximum penalty of no more than five years be disseminated only to a criminal justice agency or as provided in section 9121(b.1) and (b.2) (relating to general regulations). A court may not enter an order under this subsection unless the person who filed the petition, upon payment of all court-ordered restitution, also paid the fee previously authorized to carry out the limited access and clean slate limited access provisions.
(a.1) Additional criteria.--Upon petition of a person who has been free from conviction for a period of 10 years for an offense punishable by one or more years in prison and has completed payment of all court-ordered restitution and the fee previously authorized to carry out the limited access and clean slate limited access provisions, the court of common pleas in the jurisdiction where a conviction occurred may enter an order that criminal history record information maintained by a criminal justice agency pertaining to a qualifying felony under this section be disseminated only to a criminal justice agency or as provided in section 9121(b.1) and (b.2). A court may not enter an order under this subsection unless the person who filed the petition, upon payment of all court-ordered restitution, also paid the fee previously authorized to carry out the limited access and clean slate limited access provisions. As used in this subsection, a qualifying felony is any of the following or an attempt, conspiracy or solicitation to commit any of the following, excluding felonies of the first and second degrees:
(5) An offense under section 481 of the act of June 13, 1967 (P.L. 31, No. 21),1 known as the Human Services Code.
(i) An offense under Article B of Part II (relating to offenses involving danger to the person).2 This paragraph shall not apply to a misdemeanor offense under section 2706 (relating to terroristic threats).
(ii) An offense under Article D of Part II (relating to offenses against the family).3
(III) An offense under section 4915.1 (relating to failure to comply with registration requirements) or 4915.2 (relating to failure to comply with 42 Pa.C.S. Ch. 97 Subch. I4 registration requirements).
(c) Notice to district attorney.--The court shall provide notice of the filing of a petition under subsection (a) to the district attorney within 10 days. Within 30 days of receipt of notice, the district attorney may file objections to the petition. If no objection is timely filed, the court may grant the petition without further hearing if the requirements of this section have been met.
(d) Notice to central repository.--Notice of an order for limited access shall promptly be submitted to the central repository which shall notify all criminal justice agencies which have received criminal history record information related to such conviction that access to such criminal history record has been limited by order of the court.
Credits
2016, Feb. 16, P.L. 10, No. 5, § 2, effective in 270 days [Nov. 14, 2016]. Amended 2018, June 28, P.L. 402, No. 56, § 1, effective in 180 days [Dec. 26, 2018]; 2020, Oct. 29, P.L. 718, No. 83, § 1, effective in 60 days [Dec. 28, 2020]; 2023, Dec. 14, P.L. 334, No. 36, § 3, effective in 60 days [Feb. 12, 2024].
Footnotes
62 P.S. § 481.
18 Pa.C.S.A. § 2301 et seq.
18 Pa.C.S.A. § 4301 et seq.
42 Pa.C.S.A. § 9799.51 et seq.
18 Pa.C.S.A. § 9122.1, PA ST 18 Pa.C.S.A. § 9122.1
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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