2023 Pennsylvania Consolidated & Unconsolidated Statutes › Act 36 - CRIMES CODE (18 PA.C.S.) - GENERAL REGULATIONS, EXPUNGEMENT, PETITION FOR LIMITED ACCESS, CLEAN SLATE LIMITED ACCESS, EXCEPTIONS, EFFECTS OF EXPUNGED RECORDS AND RECORDS SUBJECT TO LIMITED ACCESS AND EMPLOYER IMMUNITY FROM LIABILITY

Session of 2023
No. 2023-36
HB 689
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes,
            in criminal history record information, further providing for definitions, for general
            regulations, for expungement, for petition for limited access, for clean slate limited
            access, for exceptions, for effects of expunged records and records subject to limited
            access and for employer immunity from liability.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.  Section 9102 of Title 18 of the Pennsylvania Consolidated Statutes is amended by adding
            a definition to read:
§ 9102.  Definitions.
The following words and phrases when used in this chapter shall have the meanings
            given to them in this section unless the context clearly indicates otherwise:
* * *
"Qualifying offense."  A
n offense under
section 13 of the act
of April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act,
or an attempt,
conspiracy or solicitation to commit an offense under section 13
of The Controlled Substance, Drug, Device and Cosmetic Act,
unless a minimum sentence of 30 months or more of imprisonment
or a maximum sentence of 60 months or more of imprisonment
was
imposed on the offense.
* * *
Section 2.  Section 9121(b) and (b.2)(2) of Title 18 are amended to read:
§ 9121.  General regulations.
* * *
(b)  Dissemination to noncriminal justice agencies and individuals.--Criminal history record
            information shall be disseminated by [a State or local police department]
the
Pennsylvania
State Police
to any individual or noncriminal justice agency only upon request.
Other criminal justice
agencies may disseminate criminal history record information to
any individual or noncriminal justice agency only as they deem
necessary to carry out their law enforcement functions as
otherwise allowed by this chapter.
The following apply:
(1)  A fee may be charged by [a State or local police department]
the
Pennsylvania
State Police
for each request for criminal history record information by an individual or noncriminal
            justice agency, except that no fee shall be charged to an individual who makes the
            request in order to apply to become a volunteer with an affiliate of Big Brothers
            of America or Big Sisters of America or with a rape crisis center or domestic violence
            program.
(2)  Except as provided for in subsections (b.1) and (b.2), before [a State or local police
            department]
the
Pennsylvania
State Police
disseminates criminal history record information to an individual or noncriminal
            justice agency, it shall extract from the record the following:
(i)  All notations of arrests, indictments or other information relating to the initiation
            of criminal proceedings where:
(A)  three years have elapsed from the date of arrest;
(B)  no disposition is indicated in the record; and
(C)  nothing in the record indicates that proceedings seeking conviction remain pending.
(ii)  All information relating to a conviction and the arrest, indictment or other information
            leading thereto, which is the subject of a court order for limited access as provided
            in section 9122.1 (relating to petition for limited access).
(iii)  All information relating to a conviction or nonconviction final disposition and the
            arrest, indictment or other information leading to the arrest or indictment which
            is subject to a court order for limited access as provided for in section 9122.2 (relating
            to clean slate limited access).
(3)  A court or the Administrative Office of Pennsylvania Courts may not disseminate to
            an individual, a noncriminal justice agency or an Internet website any
criminal history record
information
relating to a charge
which is the subject of a court order for limited access as provided in section 9122.1
            or 9122.2.
Nothing in this paragraph shall permit a
county clerk of courts or any other official to refuse access to criminal history
               record information related to convictions that have not been afforded limited access
               solely because one or more charges arising out of the same conduct or criminal episode
               have been afforded limited access, as provided in sections 9122.1 or 9122.2 or nolle
               prossed, withdrawn or dismissed.
* * *
(b.2)  Additional exceptions.--
* * *
(2)  Subsection (b)(2) shall not apply:
(i)  To the verification of information provided by an applicant if Federal law, including
            rules and regulations promulgated by a self-regulatory organization that has been
            created under Federal law, requires the consideration of an applicant's criminal history
            for purposes of employment.
(ii)  To the verification of information provided to the Supreme Court, or an entity of
            the Supreme Court, in its capacity to govern the practice, procedure and conduct of
            all courts, the admission to the bar, the practice of law, the administration of all
            courts and supervision of all officers of the judicial branch.
(iii)  To the verification of information provided by a candidate for public office concerning
            eligibility under section 7 of Article II of the Constitution of Pennsylvania.
(iv)  To the Department of Human Services for verification of information as required by
            law.
* * *
Section 3.  Sections 9122(a) and 9122.1(a) and (b)(1)(i) and (2)(ii) and (iii) of Title 18 are
            amended and the sections are amended by adding subsections to read:
§ 9122.  Expungement.
(a)  Specific proceedings.--Criminal history record information
in a specific criminal proceeding
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 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.
* * *
§ 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 [10]
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:
(1)  An offense under section 3304 (relating to criminal mischief).
(2)  An offense under section 3503 (relating to criminal trespass).
(3)  An offense under Chapter 39 (relating to theft and related offenses).
(4)  An offense under Chapter 41 (relating to forgery and fraudulent practices).
(5)  An offense under section 481 of the act of June 13, 1967 (P.L.31, No.21), known as
            the Human Services Code.
(6)  A qualifying offense.
(b)  Exceptions.--An order for limited access under this section shall not be granted for
            any of the following:
(1)  A conviction for an offense punishable by more than two years in prison which is any
            of the following or an attempt, conspiracy or solicitation to commit any of the following:
(i)  An offense under Article B of Part II (relating to offenses involving danger to the
            person).
This
paragraph shall not apply to a misdemeanor offense under
section 2706 (relating to terroristic threats).
* * *
(2)  An individual who meets any of the following:
* * *
(ii)  Has been convicted within the previous [20]
15
years of:
(A)  a felony or an offense punishable by imprisonment of seven or more years involving:
(I)  an offense under Article B of Part II;
(II)  an offense under Article D of Part II;
(III)  an offense under Chapter 61; or
(IV)  an offense specified in 42 Pa.C.S. §§ 9799.14 and 9799.55; [or]
(B)  four or more offenses punishable by imprisonment of two or more years[.]
; or
(C)  any of the following offenses:
(I)  An offense under section 3127 (relating to indecent exposure).
(II)  An offense under section 3129 (relating to sexual intercourse with animal).
(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. I registration
            requirements).
(IV)  An offense under section 5122 (relating to weapons or implements for escape).
(V)  An offense under section 5510 (relating to abuse of corpse).
(VI)  An offense under section 5515 (relating to prohibiting of paramilitary training).
(iii)  [Has, within the previous 15 years, been convicted of:
(A)  two or more offenses punishable by more than two years in prison; or
(B)  any of the following:
(I)  An offense under section 3127 (relating to indecent exposure).
(II)  An offense under section 3129 (relating to sexual intercourse with animal).
(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. I registration
            requirements).
(IV)  An offense under section 5122 (relating to weapons or implements for escape).
(V)  An offense under section 5510 (relating to abuse of corpse).
(VI)  An offense under section 5515 (relating to prohibiting of paramilitary training).]
Has,
within the previous 10 years, been convicted of
two or more offenses punishable by more than two
years in prison.
(b.1)  Consolidation.--For the purpose of this section, the conviction of two or more offenses
            charged in separate counts that are consolidated under one docket number and share
            the same offense tracking number shall be deemed to be one conviction.
* * *
Section 4.  Section 9122.2(a)(1), (3) and (4) of Title 18 are amended and the subsection is amended
            by adding a paragraph to read:
§ 9122.2.  Clean slate limited access.
(a)  General rule.--The following shall be subject to limited access:
(1)  Subject to the exceptions under section 9122.3 (relating to exceptions) or if a court
            has vacated an order for limited access under section 9122.4 (relating to order to
            vacate order for limited access), criminal history record information pertaining to
            a conviction of a misdemeanor of the second degree, a misdemeanor of the third degree
            or a misdemeanor offense punishable by imprisonment of no more than two years if a
            person has been free for [10]
seven
years from conviction for any offense punishable by imprisonment of one or more years
            and if payment of all court-ordered restitution has occurred. Upon payment of all
            court-ordered restitution, the person whose criminal history record information is
            subject to limited access under this paragraph shall also pay the fee previously authorized
            to carry out the limited access and clean slate limited access provisions.
(1.1)  Subject to the exceptions under section 9122.3 or if a court has vacated an order
            for limited access under section 9122.4, criminal history record information pertaining
            to a conviction of a qualifying offense if a person has been free for 10 years from
            conviction for any offense punishable by imprisonment of one or more years and if
            payment of all court-ordered restitution has occurred. Upon payment of all court-ordered
            restitution, the person whose criminal history record information is subject to limited
            access under this paragraph shall also pay the fee previously authorized to carry
            out the limited access and clean slate limited access provisions.
* * *
(3)  Criminal history record information pertaining to a conviction for a summary offense
            when [10]
five
years have elapsed since entry of the judgment of conviction and payment of all court-ordered restitution has occurred. Upon payment of all court-ordered
            restitution, the person whose criminal history record information is subject to limited
            access under this paragraph shall also pay the fee previously authorized to carry
            out the limited access and clean slate limited access provisions.
(4)  Criminal history record information pertaining to a conviction for which a
conditional
pardon was granted.
* * *
Section 5.  Section 9122.3(a)(2)(i), (b) and (c) of Title 18 are amended and the section is amended
            by adding a subsection to read:
§ 9122.3.  Exceptions.
(a)  Limited access not applicable.--Limited access to records under section 9122.2(a)(1)
            (relating to clean slate limited access) shall not be granted for any of the following:
* * *
(2)  An individual who at any time has been convicted of:
(i)  A felony
, excluding a qualifying offense
.
* * *
(a.1)  Consolidation.--For the purpose of this section, the conviction of two or more offenses
            that are charged in separate counts, are consolidated under one docket number and
            share the same offense tracking number shall be deemed to be one conviction, except
            that the docket may not be deemed one conviction if it contains more than two felony
            convictions.
(b)  Limited access to same case.--Limited access under this section shall not apply to
            an otherwise qualifying conviction if a conviction for an offense punishable by imprisonment
            of five or more years or an offense enumerated in subsection (a) arose out of the
            same case.
This subsection shall not apply to a
qualifying offense.
(c)  Filing.--Nothing in this section shall preclude the filing of a petition for limited
            access under section 9122.1 (relating to petition for limited access) if limited access
            is available under [that]
this
section.
An offense eligible for
clean slate limited access under this section shall also be
eligible for petition for limited access under section 9122.1.
Section 6.  Section 9122.5 of Title 18 is amended by adding subsections to read:
§ 9122.5.  Effects of expunged records and records subject to limited access.
* * *
(a.1)  Use of information.--Except if required by Federal law, criminal history record information
            that has been expunged or provided limited access may not be used by any individual
            or noncriminal justice agency for employment, housing or school matriculation purposes.
* * *
(c.1)  Use for eligibility for public office.--Notwithstanding any other provision of this
            chapter, a record subject to limited access under section 9122.1 or 9122.2 shall remain
            a part of the individual's criminal history record information and shall be self-disclosed
            for any relevant purpose required by section 7 of Article II of the Constitution of
            Pennsylvania.
* * *
Section 7.  Section 9122.6 of Title 18 is amended to read:
§ 9122.6.  Employer immunity from liability.
(a)  General rule.--
An employer who employs or otherwise engages an individual whose criminal history
            record has been expunged or to which limited access has been applied under section
            9122.1 (relating to petition for limited access) or 9122.2 (relating to clean slate
            limited access) shall be immune from liability for any claim arising out of the misconduct
            of the individual, if the misconduct relates to the portion of the criminal history
            record that has been expunged or provided limited access.
(b)  Voluntary disclosure.--An employer to whom an individual voluntarily discloses the
            individual's criminal history record information shall be immune from liability for
            any claim arising under section 9122.5(a.1) (relating to effects of expunged records
            and records subject to limited access) related to the employer's otherwise lawful
            use or consideration of the criminal history record information in connection with
            any employment decision.
Section 8.  This act shall take effect as follows:
(1)  The amendment or addition of 18 Pa.C.S. §§ 9122(a) and (a.1), 9122.2(a)(1), (1.1)
            and (3) and 9122.3(a)(2)(i), (a.1), (b) and (c) shall take effect in 180 days.
(2)  This section shall take effect immediately.
(3)  The remainder of this act shall take effect in 60 days.
APPROVED--The 14th day of December, A.D. 2023.
JOSH SHAPIRO