2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 91 - Criminal History Record Information › Section 9122 - Expungement

§ 9122. Expungement.
(a) Specific proceedings.--
Criminal history record information in a specific criminal proceeding shall be expunged 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 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;
(2.1) a person has been granted an unconditional pardon 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 following a trial and a verdict of not guilty. 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 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 person has not been acquitted of all charges relating to the same conduct, arising from the same criminal episode or otherwise relating 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.
(a.1) Automatic expungement pursuant to pardon.--
(1) On a quarterly basis, the Board of Pardons shall transmit a notice of the record of any conviction eligible for expungement under subsection (a)(2.1) to the Administrative Office of Pennsylvania Courts.
(2) On a quarterly basis, upon receipt of the notice under paragraph (1), the Administrative Office of Pennsylvania Courts shall transmit the record of any conviction eligible for expungement under subsection (a)(2.1) to the court of common pleas in the jurisdiction where the conviction occurred.
(3) Upon receipt of the notice under paragraph (2) and confirmation that the criteria under subsection (a)(2.1) has been met, the court shall order that the person's criminal history record information be expunged and forward notice to the central repository in accordance with subsection (d). The Board of Pardons shall provide pardon information to the Administrative Office of Pennsylvania Courts in a format specified by the Administrative Office of Pennsylvania Courts as necessary for proper identification of the case for which a pardon has been granted.
(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.
(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 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.
(d) Notice of expungement.--
Notice of expungement shall promptly be submitted to the central repository which shall notify all criminal justice agencies which have received the criminal history record information to be expunged.
(e) Public records.--
Public records listed in section 9104(a) (relating to scope) shall not be expunged.
(f) District attorney's notice.--
The court shall give ten 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).
(June 11, 1982, P.L.476, No.138, eff. 180 days; Oct. 16, 1996, P.L.715, No.128, eff. 60 days; Apr. 22, 1997, P.L.73, No.5, eff. 60 days; Nov. 29, 2004, P.L.1349, No.173, eff. 60 days Nov. 26, 2008, P.L.1670, No.134, eff. 60 days; Oct. 25, 2012, P.L.1655, No.204, eff. 60 days; Oct. 29, 2020, P.L.718, No.83, eff. 60 days; Dec. 14, 2023, P.L.334, No.36, eff. 180 days)
2023 Amendment.
Act 36 amended subsec. (a) and added subsec. (a.1).
2012 Amendment.
Act 204 amended subsecs. (a)(3) and (d).
2008 Amendment.
Act 134 amended subsecs. (b), (b.1) and (c).
1982 Amendment.
Act 138 amended subsec. (f).
References in Text.
18 Pa.C.S. § 6310.4, referred to in subsec. (a)(3), was repealed by the act of October 24, 2018 (P.L.659, No.95).
Cross References.
Section 9122 is referred to in sections 3019, 9102 of this title; section 1725.7 of Title 42 (Judiciary and Judicial Procedure).
References in Text.
Section 6310.4, referred to in subsec. (a)(3), was repealed.