On expunging a criminal record, the Pennsylvania text is 18 Pa.C.S. § 9122. The statute says: “(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…”
The petition and the sections next to it
Read 18 Pa.C.S. § 9122.5 when the issue is effects of expunged records and records subject to limited access. The statute says: “Disclosure.-- (1) Except if requested or required by a criminal justice agency, or if disclosure to noncriminal justice agencies is authorized or required by section 9121(b.1) and (b.”
Pennsylvania uses 23 Pa.C.S. § 6341 for amendment or expunction of information. The statute says: “At any time, the secretary may amend or expunge any record in the Statewide database under this chapter upon good cause shown and notice to the appropriate subjects of the report.”
23 Pa.C.S. § 6337 deals with disposition and expunction of unfounded reports and general protective services reports. The statute says: “General rule.--When a report of suspected child abuse is determined by the appropriate county agency to be an unfounded report, the information concerning that report of suspected child abuse shall be maintained for a period of one year.”
Pennsylvania uses 18 Pa.C.S. § 9122.6 for employer immunity from liability. The statute says: “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.”
When a different section applies
Pennsylvania uses 18 Pa.C.S. § 9123 for juvenile records. A juvenile record uses this section rather than the adult petition. The statute says: “Expungement of juvenile records.--Notwithstanding the provisions of section 9105 (relating to other criminal justice information) and except as provided under subsection (a.”
What the courts have done
Commonwealth of Pennsylvania v. D.M., 548 Pa. 131 (1997) is worth reading in full. The opinion puts it this way: “history, the length of time that has elapsed between the arrest and the petition to expunge, and the specific adverse consequences the petitioner may endure should expunction be denied.”
Commonwealth of Pennsylvania v. D.M., 663 A.2d 792 (1995) is worth reading in full. The opinion puts it this way: “There is no particularized reason why this arrest record must be maintained and we affirm the order of expunction.2 Our research discloses that our supreme court has not squarely faced the issue of the expungement rights of an acquitted-at-trial petitioner.”
Commonwealth of Pennsylvania v. Al Persia, 449 Pa. Super. 332 (1996) is worth reading in full. The opinion puts it this way: “The facts of this case, when viewed in conjunction with the weighing that is to occur in assessing a petition to expunge, do not warrant an immediate expunction of the appellant’s arrest record.”
The court rule
Pa.R.Crim.P. 490 is the court rule that travels with the statute. Its subject is procedure for Obtaining Expungement in Summary Cases; Expungement Order. The rule says: “(1) Except as provided in Rule 320 (Procedure for Expungement Upon Successful Completion of ARD Program) and Rule 490.2 (Procedure for Expungement of Acquittals in Summary Cases; Expungement Order), an individual who satisfies the requirements of 18 Pa.C.S. § 9122 and 18 Pa.C.S.”
Pa.R.Crim.P. 790 is the court rule that travels with the statute. Its subject is procedure for Obtaining Expungement in Court Cases; Expungement Order. The rule says: “(1) Except as provided in Rule 320 (Procedure for Expungement Upon Successful Completion of ARD Program), Rule 790.2 (Procedure for Expungement of Acquittals in Court Cases; Expungement Order), and 35 P.S.”
Before you file
- Open 18 Pa.C.S. § 9122 and read the part on expunging a criminal record. Everything else in the filing has to fit that section.
- Put the request in the form required by Pa.R.Crim.P. 490.
- If the person was a juvenile, move to 18 Pa.C.S. § 9123 instead of forcing the case into the adult section.
- Then read Commonwealth of Pennsylvania v. D.M., 548 Pa. 131 (1997). That is a Pennsylvania court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Pennsylvania?
Pennsylvania uses 18 Pa.C.S. § 9122 for expunging a criminal record. The statute says: “(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…”
Does Pennsylvania use a different statute when the person was under eighteen?
18 Pa.C.S. § 9123 deals with juvenile records. A juvenile record uses this section rather than the adult petition. The statute says: “Expungement of juvenile records.--Notwithstanding the provisions of section 9105 (relating to other criminal justice information) and except as provided under subsection (a.”
Is there a Pennsylvania court rule for the petition?
Pa.R.Crim.P. 490 is the petition rule. It covers procedure for Obtaining Expungement in Summary Cases; Expungement Order. The rule says: “(1) Except as provided in Rule 320 (Procedure for Expungement Upon Successful Completion of ARD Program) and Rule 490.2 (Procedure for Expungement of Acquittals in Summary Cases; Expungement Order), an individual who satisfies the requirements of 18 Pa.C.S. § 9122 and 18 Pa.C.S.”
How have Pennsylvania courts ruled on expungement?
Commonwealth of Pennsylvania v. D.M., 548 Pa. 131 (1997) “history, the length of time that has elapsed between the arrest and the petition to expunge, and the specific adverse consequences the petitioner may endure should expunction be denied.”
Pennsylvania clerks still control the form and the fee. 18 Pa.C.S. § 9122 is the statewide rule on who may ask and what the order does.