§ 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); section 3807 of Title 75 (Vehicles).
Notes of Decisions
Commonwealth v. Giulian v. Aplt., 141 A.3d 1262 (Pa. 2016).
· cites it 20× “2011), citing, inter alia, 18 Pa.C.S. §9122. At the same time, the permissive language of Section 9122(b) — providing “[c]riminal record history may be expunged” — [J-49-2016] - 7 clearly vests discretion in the court to expunge a qualifying record.”
Pennsylvania State Police v. Paulshock, 836 A.2d 110 (Pa. 2003).
· cites it 16× “With respect to Reed's challenge, the ALJ determined that the order of the Dauphin County Court of Common Pleas fully removed his firearms disability, but refused to order the State Police to enforce the complete expungement of Reed's criminal record pursuant to Section 9122 of…”
Hunt v. Pennsylvania State Police of Com., 983 A.2d 627 (Pa. 2009).
· cites it 8× “It appears anomalous to suggest it cannot be heard on a matter which directs it to perform an act it perceives as contrary to its statutory duties.”
Commonwealth v. Moto, 23 A.3d 989 (Pa. 2011).
· cites it 7× “When an individual has been convicted of the offenses charged, then expungement of criminal history records may be granted only under very limited circumstances that are set forth by statute.”
Daniel Binderup v. Attorney Gen. United States, 836 F.3d 336 (3rd Cir. 2016).
· cites it 2× “Binderup’s record may be expunged only after he reaches age 70 (or is dead for three years), 18 Pa. Cons. Stat. § 9122 (b), but as there is no evidence showing it is reasonable to ban Binderup from possessing a firearm today, there is certainly no evidence to show that it is…”
Commonwealth v. Hanna, 964 A.2d 923 (Pa. Super. Ct. 2009).
· cites it 4× “2001) precluded expungement of non-conviction data pursuant to 18 Pa.C.S. § 9122; unlike the Lutz case, the Defendant was not bound over for trial after a preliminary hearing, the terms of the plea agreement were not spread on the record, there was no factual basis for the most…”
Commonwealth v. Giulian, 111 A.3d 201 (Pa. Super. Ct. 2015).
· cites it 6× “However, the underage drinking conviction was expunged pursuant to 18 Pa.C.S. § 9122(a)(3). The underage drinking conviction was a specifically enumerated offense that did not require Appellant to remain arrest or prosecution free for the five years following her conviction in…”
State Police v. Court of Common Pleas, 615 A.2d 946 (Pa. Commw. Ct. 1992).
· cites it 6× “ Criminal history record information 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…”
Commonwealth v. J.H., 759 A.2d 1269 (Pa. 2000).
· cites it 3× “The Act also provides that “[t]he court shall give ten days prior notice to the district attorney of the county where the original charge was filed of any application for expungement under the provisions of subsection [18 Pa.C.S. § 9122](a)(2).” The State Police is to be given…”
Doe v. Zappala, 987 A.2d 190 (Pa. Commw. Ct. 2009).
· cites it 6× “See 18 Pa.C.S. § 9122 (Expungement). In April, 2004, another judge of the trial court signed two standardized, pre-printed expungement orders requiring the "[Commonwealth] [to] expunge and destroy the official and unofficial arrest, expungement and other documents pertaining to…”
Commonwealth v. Harris, 212 A.3d 64 (Pa. Super. Ct. 2019).
· cites it 3× “18 Pa.C.S. § 9122 governs expungement of criminal history record information.”
— 18 Pa. Cons. Stat. § 9122(a) — 6 cases
Commonwealth v. Giulian v. Aplt., 141 A.3d 1262 (Pa. 2016).
“2011), citing, inter alia, 18 Pa.C.S. §9122. At the same time, the permissive language of Section 9122(b) — providing “[c]riminal record history may be expunged” — [J-49-2016] - 7 clearly vests discretion in the court to expunge a qualifying record.”
— 18 Pa. Cons. Stat. § 9122(a)(1) — 3 cases
Commonwealth v. Moto, 23 A.3d 989 (Pa. 2011).
“When an individual has been convicted of the offenses charged, then expungement of criminal history records may be granted only under very limited circumstances that are set forth by statute.”
— 18 Pa. Cons. Stat. § 9122(a)(2) — 9 cases
Commonwealth v. Moto, 23 A.3d 989 (Pa. 2011).
“When an individual has been convicted of the offenses charged, then expungement of criminal history records may be granted only under very limited circumstances that are set forth by statute.”
Commonwealth v. J.H., 759 A.2d 1269 (Pa. 2000).
“The Act also provides that “[t]he court shall give ten days prior notice to the district attorney of the county where the original charge was filed of any application for expungement under the provisions of subsection [18 Pa.C.S. § 9122](a)(2).” The State Police is to be given…”
Doe v. Zappala, 987 A.2d 190 (Pa. Commw. Ct. 2009).
“See 18 Pa.C.S. § 9122 (Expungement). In April, 2004, another judge of the trial court signed two standardized, pre-printed expungement orders requiring the "[Commonwealth] [to] expunge and destroy the official and unofficial arrest, expungement and other documents pertaining to…”
Commonwealth v. Harris, 212 A.3d 64 (Pa. Super. Ct. 2019).
“18 Pa.C.S. § 9122 governs expungement of criminal history record information.”
— 18 Pa. Cons. Stat. § 9122(a)(3) — 4 cases
Commonwealth v. Giulian, 111 A.3d 201 (Pa. Super. Ct. 2015).
“However, the underage drinking conviction was expunged pursuant to 18 Pa.C.S. § 9122(a)(3). The underage drinking conviction was a specifically enumerated offense that did not require Appellant to remain arrest or prosecution free for the five years following her conviction in…”
— 18 Pa. Cons. Stat. § 9122(a)(4) — 2 cases
— 18 Pa. Cons. Stat. § 9122(a)(4)(ii) — 1 case
— 18 Pa. Cons. Stat. § 9122(a)(4)(iii) — 1 case
— 18 Pa. Cons. Stat. § 9122(b) — 13 cases
Commonwealth v. Giulian v. Aplt., 141 A.3d 1262 (Pa. 2016).
“2011), citing, inter alia, 18 Pa.C.S. §9122. At the same time, the permissive language of Section 9122(b) — providing “[c]riminal record history may be expunged” — [J-49-2016] - 7 clearly vests discretion in the court to expunge a qualifying record.”
Pennsylvania State Police v. Paulshock, 836 A.2d 110 (Pa. 2003).
“With respect to Reed's challenge, the ALJ determined that the order of the Dauphin County Court of Common Pleas fully removed his firearms disability, but refused to order the State Police to enforce the complete expungement of Reed's criminal record pursuant to Section 9122 of…”
— 18 Pa. Cons. Stat. § 9122(b)(1) — 7 cases
Commonwealth v. Giulian v. Aplt., 141 A.3d 1262 (Pa. 2016).
“2011), citing, inter alia, 18 Pa.C.S. §9122. At the same time, the permissive language of Section 9122(b) — providing “[c]riminal record history may be expunged” — [J-49-2016] - 7 clearly vests discretion in the court to expunge a qualifying record.”
— 18 Pa. Cons. Stat. § 9122(b)(2) — 1 case
Commonwealth v. Giulian v. Aplt., 141 A.3d 1262 (Pa. 2016).
“2011), citing, inter alia, 18 Pa.C.S. §9122. At the same time, the permissive language of Section 9122(b) — providing “[c]riminal record history may be expunged” — [J-49-2016] - 7 clearly vests discretion in the court to expunge a qualifying record.”
— 18 Pa. Cons. Stat. § 9122(b)(3) — 3 cases
Commonwealth v. Giulian v. Aplt., 141 A.3d 1262 (Pa. 2016).
“2011), citing, inter alia, 18 Pa.C.S. §9122. At the same time, the permissive language of Section 9122(b) — providing “[c]riminal record history may be expunged” — [J-49-2016] - 7 clearly vests discretion in the court to expunge a qualifying record.”
Commonwealth v. Giulian, 111 A.3d 201 (Pa. Super. Ct. 2015).
“However, the underage drinking conviction was expunged pursuant to 18 Pa.C.S. § 9122(a)(3). The underage drinking conviction was a specifically enumerated offense that did not require Appellant to remain arrest or prosecution free for the five years following her conviction in…”
— 18 Pa. Cons. Stat. § 9122(b)(3)(i) — 5 cases
Commonwealth v. Giulian v. Aplt., 141 A.3d 1262 (Pa. 2016).
“2011), citing, inter alia, 18 Pa.C.S. §9122. At the same time, the permissive language of Section 9122(b) — providing “[c]riminal record history may be expunged” — [J-49-2016] - 7 clearly vests discretion in the court to expunge a qualifying record.”
Commonwealth v. Giulian, 111 A.3d 201 (Pa. Super. Ct. 2015).
“However, the underage drinking conviction was expunged pursuant to 18 Pa.C.S. § 9122(a)(3). The underage drinking conviction was a specifically enumerated offense that did not require Appellant to remain arrest or prosecution free for the five years following her conviction in…”
— 18 Pa. Cons. Stat. § 9122(c) — 5 cases
Hunt v. Pennsylvania State Police of Com., 983 A.2d 627 (Pa. 2009).
“It appears anomalous to suggest it cannot be heard on a matter which directs it to perform an act it perceives as contrary to its statutory duties.”
— 18 Pa. Cons. Stat. § 9122(d) — 4 cases
State Police v. Court of Common Pleas, 615 A.2d 946 (Pa. Commw. Ct. 1992).
“ Criminal history record information 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…”
Commonwealth v. J.H., 759 A.2d 1269 (Pa. 2000).
“The Act also provides that “[t]he court shall give ten days prior notice to the district attorney of the county where the original charge was filed of any application for expungement under the provisions of subsection [18 Pa.C.S. § 9122](a)(2).” The State Police is to be given…”
— 18 Pa. Cons. Stat. § 9122(e) — 2 cases
— 18 Pa. Cons. Stat. § 9122(f) — 2 cases
State Police v. Court of Common Pleas, 615 A.2d 946 (Pa. Commw. Ct. 1992).
“ Criminal history record information 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…”
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