Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES › Part C - Court Case Expungement Procedures › Rule 791 - Procedure for Obtaining Order for Limited Access in Court Cases; Order for Limited Access

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Petition for Order for Limited Access.
(1) Pursuant to
				18 Pa.C.S. §
											9122.1,
				an individual who satisfies the statutory requirements for obtaining an order
				for limited access may request an order that limits the dissemination of his or
				her criminal history record information by filing a petition with the clerk of
				the courts of the judicial district in which the charges were
				disposed.
(2) The petition shall
				set forth:
(i) the petitioner's name and any
				aliases that the petitioner has used, address, date of birth, and social
				security number;
(ii) the name and
				address of the judge of the court of common pleas, magisterial district judge,
				or Philadelphia Municipal Court judge who accepted the guilty plea or heard the
				case;
(iii) the name and mailing
				address of the affiant as shown on the complaint, if available;
(iv) the court of common pleas docket number,
				magisterial district court docket number, or the Philadelphia Municipal Court
				docket number, whichever applies;
(v) the offense tracking number
				(OTN);
(vi) the date on the
				complaint, or the date of arrest, and, if available, the criminal justice
				agency that made the arrest;
(vii)
				the specific charges, as they appear on the charging document, to be subject to
				limited access;
(viii) the
				disposition, whether the fee previously authorized to carry out the limited
				access and clean slate limited access provisions has been paid, and, if the
				sentence includes restitution, whether the amount due for restitution has been
				paid;
(ix) the reason(s) for the
				order for limited access;
(x) a
				statement that the case qualifies for a limited access order and none of the
				exceptions under
				18 Pa.C.S. §
												9122.1(b) are applicable;
				and
(xi) a verification by the
				petitioner that facts set forth in the petition are true and correct to the
				best of the petitioner's personal knowledge or information and belief. The
				verification may be by a sworn affidavit or by an unsworn written statement
				that the facts are verified subject to the penalties for unsworn falsification
				to authorities under the Crimes Code § 4904,
				18 Pa.C.S. §
												4904.
Additional information shall not be required by local rule or
				  practice.
(3)
				Unless the attorney for the Commonwealth agrees to waive this requirement, a
				current copy of the petitioner's Pennsylvania State Police criminal history
				report shall be attached to the petition. The copy shall be obtained from the
				Pennsylvania State Police within 60 days before filing the petition. Absent a
				waiver by the attorney for the Commonwealth, the court shall not rule upon the
				petition until the Pennsylvania State Police criminal history report is
				filed.
(4) A copy of the petition
				shall be served on the attorney for the Commonwealth concurrently with
				filing.