Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 9123 (2026)

 Juvenile records.

✓ current as of May 2026
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§ 9123.  Juvenile records.

(a)  Expungement of juvenile records.--Notwithstanding the provisions of section 9105 (relating to other criminal justice information) and except as provided under subsection (a.1), expungement of records of juvenile delinquency cases and cases involving summary offenses committed while the individual was under 18 years of age, wherever kept or retained, shall occur after 30 days' notice to the district attorney whenever the court upon its own motion or upon the motion of a child or the parents or guardian finds:

(1)  a complaint is filed which is not substantiated or the petition which is filed as a result of a complaint is dismissed by the court;

(1.1)  a written allegation is filed which was not approved for prosecution;

(1.2)  six months have elapsed since the individual successfully completed an informal adjustment and no proceeding seeking adjudication or conviction is pending;

(2)  six months have elapsed since the final discharge of the person from supervision under a consent decree or diversion program, including a program under 42 Pa.C.S. § 1520 (relating to adjudication alternative program) and no proceeding seeking adjudication or conviction is pending;

(2.1)  the individual is 18 years of age or older and six months have elapsed since the individual has satisfied all terms and conditions of the sentence imposed following a conviction for a summary offense, with the exception of a violation of section 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages), committed while the individual was under 18 years of age and, since satisfying all terms and conditions of the sentence, the individual has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending to seek such conviction and adjudication;

(2.2)  the individual is 18 years of age or older and has been convicted of a violation of section 6308 which occurred while the individual was under 18 years of age and six months have elapsed since the individual has satisfied all terms and conditions of the sentence imposed for the violation, including any suspension of operating privileges imposed under section 6310.4 (relating to restriction of operating privileges). Expungement shall include all criminal history record information and all administrative records of the Department of Transportation relating to the conviction;

(3)  two years have elapsed since the final discharge of the person from commitment, placement, probation or any other disposition and referral, pursuant to an adjudication of delinquency following a determination by the court that the person committed an offense classified as a misdemeanor, other than a misdemeanor under Chapter 61 (relating to firearms and other dangerous articles) or a misdemeanor under section 3126(a)(2) or (3) (relating to indecent assault), and since such final discharge, the person has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending seeking such conviction or adjudication;

(3.1)  five years have elapsed since the final discharge of the person from commitment, placement, probation or any other disposition and referral, pursuant to an adjudication of delinquency following a determination by the court that the person committed an offense classified as a felony, an offense classified as a misdemeanor under Chapter 61 or an offense classified as a misdemeanor under section 3126(a)(2) or (3), and since the final discharge, the person has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending seeking the conviction or adjudication; or

(4)  the attorney for the Commonwealth consents to the expungement and a court orders the expungement after giving consideration to the following factors:

(i)  the type of offense;

(ii)  the individual's age, history of employment, criminal activity and drug or alcohol problems;

(iii)  adverse consequences that the individual may suffer if the records are not expunged; and

(iv)  whether retention of the record is required for purposes of protection of the public safety.

(a.1)  Exceptions.--Subsection (a) shall not apply if any of the following apply:

(1)  The individual meets all of the following:

(i)  Was 14 years of age or older at the time the individual committed an offense which, if committed by an adult, would be classified as:

(A)  An offense under section 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse) or 3125 (relating to aggravated indecent assault).

(B)  An attempt, solicitation or conspiracy to commit an offense under section 3121, 3123 or 3125.

(ii)  Was adjudicated delinquent for the offense under subparagraph (i).

(2)  Upon cause shown.

(b)  Notice to prosecuting attorney.--The court shall give notice of the applications for the expungement of juvenile records to the prosecuting attorney.

(c)  Dependent children.--All records of children alleged to be or adjudicated dependent may be expunged upon court order after the child is 21 years of age or older.

(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 11, 1982, P.L.476, No.138, eff. 180 days; Dec. 11, 1986, P.L.1517, No.164, eff. 60 days; Mar. 15, 1995, 1st Sp.Sess., P.L.978, No.7, eff. 60 days; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Oct. 25, 2012, P.L.1655, No.204, eff. 60 days; Sept. 27, 2014, P.L.2482, No.138, eff. 60 days; Oct. 16, 2024, P.L.1006, No.108, eff. 180 days)

 

2024 Amendment.  Act 108 amended subsec. (a)(3) and added subsec. (a)(3.1).

2014 Amendment.  Act 138 amended subsec. (a)(2.1).

2012 Amendments.  Act 91 amended subsec. (a) intro. par. and added subsec. (a.1) and Act 204 amended subsec. (a).

References in Text.  18 Pa.C.S. § 6310.4, referred to in subsec. (a)(2.2), was repealed by the act of October 24, 2018 (P.L.659, No.95).

Cross References.  Section 9123 is referred to in sections 2709, 9105 of this title; sections 6304, 6323, 6328, 6340, 6341, 6352 of Title 42 (Judiciary and Judicial Procedure).

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1992–2026 · leading case: Commonwealth v. Giulian v. Aplt., 141 A.3d 1262 (Pa. 2016).
Commonwealth v. Giulian v. Aplt., 141 A.3d 1262 (Pa. 2016). · cites it 2× “§ 9122(b)(1), governing expungement eligibility for individuals over 70 years of age; or 2) a certain time period since “the individual has satisfied all terms and conditions of the sentence imposed for the violation,” which is contained within 18 Pa.C.S. § 9123(a)(2.2),…”
In re R.R., 57 A.3d 134 (Pa. Super. Ct. 2012). · cites it 3× “(citing 18 Pa.C.S. § 9123(a)(3)). 4 The Commonwealth also discusses Appellants’ constitutional argument, noting that there is a “presumption that the General Assembly does not intend to violate the Constitution of the United States or of this Commonwealth” and that “the party…”
United States v. Joseph Edmund Beaulieau, A/K/A Ed Beaulieau & Thomas Townsend, 959 F.2d 375 (2d Cir. 1992). “1990) (examining 18 Pa.Cons.Stat. Ann. § 9123(a) (Purdon Supp.”
Muhammad ex rel. J.S. v. Abington Twp. Police Dep't, 37 F. Supp. 3d 746 (E.D. Pa. 2014). “; see also 18 Pa.C.S. § 9123. The parties have not provided any authority exploring the issue-preclusive effect of an expunged juvenile admission and consent decree in Pennsylvania, and research has uncovered none.”
In Re: Order Amending Rules 490 & 490.1 of the Pa Rules of Crim. Procedure (Pa. 2019). · cites it 6× “See 18 Pa.C.S. §§ 9123(2.1), (2.2). The minor could be eligible for expungement of the juvenile record before being eligible for expungement of the summary conviction.”
In Re: Order Amending Rules 170 & 172 of the Pa Rules of Juv. Court Procedure (Pa. 2019). · cites it 3× “viction is pending; 4) when a juvenile has been discharged from court supervision pursuant to Rule 631: a) five years have elapsed; b) the juvenile has not been convicted or adjudicated delinquent for a felony or misdemeanor; c) no court proceeding is pending seeking such…”
In re Weiss, 41 Pa. D. & C.5th 345 (2014). · cites it 5× “Thus, based on 18 Pa.C.S. § 9123(a.l)(l), the court cannot order expungement of adjudication records of these aggravated indecent assaults.”
Commonwealth v. Giulian v. Aplt. (Pa. 2016). · cites it 2× “§ 9122(b)(1), governing expungement eligibility for individuals over 70 years of age; or 2) a certain time period since “the individual has satisfied all terms and conditions of the sentence imposed for the violation,” which is contained within 18 Pa.C.S. § 9123(a)(2.2),…”
In Re: Order Amending Rules 170 & 172 of the Pa Rules of Juv. Court Procedure (Pa. 2019). · cites it 2× “See 18 Pa.C.S. § 9123(a); see also Pa.R.J.C.P.”
In Re: Order Amending Rules 490 & 490.1 of the Pa Rules of Crim. Procedure (Pa. 2019). “§ 9122 and 18 Pa.C.S. §9123(a) for expungement of a summary case may request expungement by filing a petition with the clerk of the courts of the judicial district in which the charges were disposed.”
In Re: Order Adopting Rules 490.2 & 790.2 & Amending Rules 320, 490, 790 & 791 of the Pennsylvania Rules of Crim. Procedure (Pa. 2023). “§ 9122 and 18 Pa.C.S. § 9123(a) for expungement of a summary case may request expungement by filing a petition with the clerk of the courts of the judicial district in which the charges were disposed.”
In the Int. of: T.T.-S., Appeal of: T.T.-S. (Pa. Super. Ct. 2026). “If the court finds that the child is not in need of treatment, supervision or rehabilitation it shall dismiss the proceeding, discharge the child from any detention or other restriction theretofore ordered and commence expungement proceedings in accordance with 18 Pa.C.S. § 9123…”
— 18 Pa. Cons. Stat. § 9123(a) — 8 cases
Commonwealth v. Giulian v. Aplt., 141 A.3d 1262 (Pa. 2016). “§ 9122(b)(1), governing expungement eligibility for individuals over 70 years of age; or 2) a certain time period since “the individual has satisfied all terms and conditions of the sentence imposed for the violation,” which is contained within 18 Pa.C.S. § 9123(a)(2.2),…”
United States v. Joseph Edmund Beaulieau, A/K/A Ed Beaulieau & Thomas Townsend, 959 F.2d 375 (2d Cir. 1992). “1990) (examining 18 Pa.Cons.Stat. Ann. § 9123(a) (Purdon Supp.”
In Re: Order Amending Rules 490 & 490.1 of the Pa Rules of Crim. Procedure (Pa. 2019). “See 18 Pa.C.S. §§ 9123(2.1), (2.2). The minor could be eligible for expungement of the juvenile record before being eligible for expungement of the summary conviction.”
Commonwealth v. Giulian v. Aplt. (Pa. 2016). “§ 9122(b)(1), governing expungement eligibility for individuals over 70 years of age; or 2) a certain time period since “the individual has satisfied all terms and conditions of the sentence imposed for the violation,” which is contained within 18 Pa.C.S. § 9123(a)(2.2),…”
In Re: Order Amending Rules 170 & 172 of the Pa Rules of Juv. Court Procedure (Pa. 2019). “See 18 Pa.C.S. § 9123(a); see also Pa.R.J.C.P.”
— 18 Pa. Cons. Stat. § 9123(a)(2) — 2 cases
In Re: Order Amending Rules 490 & 490.1 of the Pa Rules of Crim. Procedure (Pa. 2019). “See 18 Pa.C.S. §§ 9123(2.1), (2.2). The minor could be eligible for expungement of the juvenile record before being eligible for expungement of the summary conviction.”
In re Weiss, 41 Pa. D. & C.5th 345 (2014). “Thus, based on 18 Pa.C.S. § 9123(a.l)(l), the court cannot order expungement of adjudication records of these aggravated indecent assaults.”
— 18 Pa. Cons. Stat. § 9123(a)(3) — 2 cases
In re R.R., 57 A.3d 134 (Pa. Super. Ct. 2012). “(citing 18 Pa.C.S. § 9123(a)(3)). 4 The Commonwealth also discusses Appellants’ constitutional argument, noting that there is a “presumption that the General Assembly does not intend to violate the Constitution of the United States or of this Commonwealth” and that “the party…”
Commonwealth v. Ramadan, 70 Pa. D. & C.4th 521 (2005).
— 18 Pa. Cons. Stat. § 9123(a)(4) — 1 case
In re R.R., 57 A.3d 134 (Pa. Super. Ct. 2012). “(citing 18 Pa.C.S. § 9123(a)(3)). 4 The Commonwealth also discusses Appellants’ constitutional argument, noting that there is a “presumption that the General Assembly does not intend to violate the Constitution of the United States or of this Commonwealth” and that “the party…”
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