§ 9122. Expungement
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and OffensesEffective: December 24, 2012
Effective: December 24, 2012
18 Pa.C.S.A. § 9122
§ 9122. Expungement
(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 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;
(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.
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 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.
1979, July 16, P.L. 116, No. 47, § 2, effective in 60 days. Amended 1982, June 11, P.L. 476, No. 138, § 4, effective in 180 days 1996, Oct. 16, P.L. 715, No. 128, § 1, effective in 60 days; 1997, April 22, P.L. 73, No. 5, § 4, effective in 60 days; 2004, Nov. 29, P.L. 1349, No. 173, § 3, effective in 60 days [Jan. 28, 2005]; 2008, Nov. 26, P.L. 1670, No. 134, § 1, effective in 60 days [Jan. 26, 2009]; 2012, Oct. 25, P.L. 1655, No. 204, § 3, effective in 60 days [Dec. 24, 2012].
HISTORICAL AND STATUTORY NOTES
Act 1979-127 legislation
Section 4(a) of 1979, Dec. 14, P.L. 556, No. 127 provides:
“The provisions of 18 Pa.C.S. § 9122(a)(1) (relating to expungement) shall not be applicable to criminal proceedings initiated or completed prior to the effective date of this amendatory act unless requested by an individual as provided in 18 Pa.C.S. Ch. 91 Subch. F (relating to individual right of access and review).”
Act 2008-134 legislation
Act 2008-134, § 1, added subsec. (b)(3); in subsec. (b.1), added the reference to Section 3127; and in subsec. (c), inserted “or where the court has ordered expungement under this section” and substituted “Such information shall be used solely for purposes of determining subsequent eligibility for such programs, identifying persons in criminal investigations or determining the grading of subsequent offenses” for “Such information shall be used solely for purpose 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).”
Act 2012-204 legislation
Act 2012-204, § 3, in subsec. (a)(3), inserted “, which occurred on or after the day the person attained 18 years of age,”; and in subsec. (d), substituted “repository” for “respository”.
1978, Nov. 26, P.L. 1274, No. 305, § 302 (19 P.S. § 1522).
18 Pa.C.S.A. § 9122, PA ST 18 Pa.C.S.A. § 9122
Current through 2019 Regular Session Act 75. Some statute sections may be more current, see credits for details.
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