§ 9152. Procedure.
(a) Rules and regulations.--The Attorney General in cooperation with appropriate criminal justice agencies shall
promulgate rules and regulations to implement this section and shall establish reasonable
fees.
(b) Requests for information.--Any individual requesting to review his or her own criminal history record information
shall submit proper identification to the criminal justice agency which maintains
his or her record. Proper identification shall be determined by the officials of the
repository where the request is made. If criminal history record information exists
the individual may review a copy of such information without undue delay for the purpose
of review and challenge.
(c) Challenge of accuracy.--The individual may challenge the accuracy of his or her criminal history record information
by specifying which portion of the record is incorrect and what the correct version
should be. Failure to challenge any portion of the record in existence at that time
will place the burden of proving the inaccuracy of any part subsequently challenged
upon the individual. Information subsequently added to such record shall also be subject
to review, challenge, correction or appeal.
(d) Review of challenge.--All criminal justice agencies shall have 60 days to conduct a review of any challenge
and shall have the burden of proving the accuracy of the record. The decision on the
challenge shall include all information, including, but not limited to, the jurisdiction
and docket number of any relevant court decision which formed a basis for the decision.
If the challenge is deemed valid, the appropriate officials must ensure that:
(1) The criminal history record information is corrected.
(2) A certified and corrected copy of the criminal history record information is provided
to the individual.
(3) Prior erroneous criminal history record information disseminated to criminal justice
agencies shall be destroyed or returned and replaced with corrected information.
(4) The individual is supplied with the names of those noncriminal justice agencies and
individuals which have received erroneous criminal history record information.
(e) Appeals.--
(1) If the challenge is ruled invalid, an individual has the right to appeal the decision
to the Attorney General within 30 days of notification of the decision by the criminal
justice agency.
(2) The Attorney General shall conduct a hearing de novo in accordance with the Administrative
Agency Law. The burden of proof shall be upon the party bearing the burden of proof
on the challenge.
(3) The decision of the Attorney General may be appealed to the Commonwealth Court by
an aggrieved individual.
(Oct. 17, 2008, P.L.1628, No.131, eff. imd.)
2008 Amendment. Act 131 amended subsecs. (d) and (e).
Notes of Decisions
Cited in
22
cases (
1 in the last 5 years), 1999–2023 · leading case:
Feigley v. Dep't of Corr., 731 A.2d 220 (Pa. Commw. Ct. 1999).
Feigley v. Dep't of Corr., 731 A.2d 220 (Pa. Commw. Ct. 1999).
· cites it 5× “Petitioner’s petition for review asserts that both DOC and OAG violated Section 2 of the Act, 18 Pa.C.S. § 9152, by faffing to review and correct his criminal history records.”
Clark v. Pennsylvania State Police, 760 A.2d 1202 (Pa. Commw. Ct. 2000).
· cites it 5× “” 18 Pa.C.S. § 9152(c). Once an individual challenges the accuracy of his or her criminal history record information, the burden is upon the criminal justice agency maintaining the records to prove the accuracy of the record.”
Pennsylvania State Police v. McPherson, 831 A.2d 800 (Pa. Commw. Ct. 2003).
· cites it 2× “1(e) of the UFA, 18 Pa.C.S. § 6111.1(e), the applicable administrative procedures are those established under Section 9152 of Criminal History Record Information Act (CHRIA), 18 Pa.”
Dunbar v. Pennsylvania State Police, 902 A.2d 1002 (Pa. Commw. Ct. 2006).
· cites it 2× “On October 5, 2004, the Court sustained preliminary objections filed by the State Police and dismissed Dunbar’s mandamus petition, stating that he failed to exhaust administrative remedies set forth in Section 9152 of CHRIA, 18 Pa.C.S. § 9152, 1 *1004 and that he failed to state…”
Haron v. Pennsylvania State Police, 171 A.3d 344 (Pa. Commw. Ct. 2017).
· cites it 2× “18 Pa.C.S. § 9152(c)-(e). . Finally, section 9183 of CHRIA sets forth the available remedies for violations of its provisions, including the following: (a) Injunctions.”
Arroyo v. Pappert, 876 A.2d 1073 (Pa. Commw. Ct. 2005).
· cites it 5× “From a reading of 18 Pa.C.S. § 9152, there is a question of whether the Attorney General has jurisdiction to hear an appeal of whether the local criminal justice agency has refused to provide requested information because it does not fall within the definition of "criminal…”
Hull v. Pennsylvania State Police, 768 A.2d 909 (Pa. Commw. Ct. 2001).
“18 Pa.C.S. § 9152; 37 Pa. Code § 195.4 . Because the public does not have access to an individual’s criminal history by requesting a criminal records check, it is not a public record and the State Police properly denied Petitioner’s request made under the Right-to-Know Act.”
Zaborowski v. Pennsylvania State Police, 892 A.2d 68 (Pa. Commw. Ct. 2006).
“…Law. (3) The decision of the Attorney General may be appealed to the Commonwealth Court by an aggrieved individual. 18 Pa.C.S. § 9152.”
C.E. Redding v. PSP (Pa. Commw. Ct. 2019).
· cites it 4× “The criminal justice agency that maintains the record in question then conducts a review of the challenge and has the burden of proving the accuracy of the record. 18 Pa. C.S. § 9152(d). If the agency determines a challenge to be invalid, the individual may then appeal to the…”
R. Benchoff v. OAG (Pa. Commw. Ct. 2020).
· cites it 4× “” and requested under Section 9152(c) of CHRIA, 18 Pa.C.S. § 9152(c),4 that DOC and the Parole 4 Section 9152(c) of CHRIA provides, in relevant part, as follows: 2 Board change information in their possession which designated him as a “violent offender.”
M. Carrero, Jr. v. PSP Cent. Repository (Pa. Commw. Ct. 2023).
· cites it 4× “18 Pa. C.S. §9152. Nor does the petition allege that the statutory remedies in CHRIA for the correction of criminal history record information are inadequate.”
D.F. Dowd, Jr. v. D.J. Rossi, Esq. (Pa. Commw. Ct. 2017).
· cites it 3× “5 18 Pa. C.S. §9152(e)(1). Section 9152(e)(1) states that “[i]f the challenge is ruled invalid, an individual has the right to appeal the decision to the [OAG] within 30 days of notification of the decision by the criminal justice agency.”
— 18 Pa. Cons. Stat. § 9152(a) — 1 case
Feigley v. Dep't of Corr., 731 A.2d 220 (Pa. Commw. Ct. 1999).
“Petitioner’s petition for review asserts that both DOC and OAG violated Section 2 of the Act, 18 Pa.C.S. § 9152, by faffing to review and correct his criminal history records.”
— 18 Pa. Cons. Stat. § 9152(b) — 1 case
Arroyo v. Pappert, 876 A.2d 1073 (Pa. Commw. Ct. 2005).
“From a reading of 18 Pa.C.S. § 9152, there is a question of whether the Attorney General has jurisdiction to hear an appeal of whether the local criminal justice agency has refused to provide requested information because it does not fall within the definition of "criminal…”
— 18 Pa. Cons. Stat. § 9152(c) — 10 cases
Haron v. Pennsylvania State Police, 171 A.3d 344 (Pa. Commw. Ct. 2017).
“18 Pa.C.S. § 9152(c)-(e). . Finally, section 9183 of CHRIA sets forth the available remedies for violations of its provisions, including the following: (a) Injunctions.”
Feigley v. Dep't of Corr., 731 A.2d 220 (Pa. Commw. Ct. 1999).
“Petitioner’s petition for review asserts that both DOC and OAG violated Section 2 of the Act, 18 Pa.C.S. § 9152, by faffing to review and correct his criminal history records.”
Clark v. Pennsylvania State Police, 760 A.2d 1202 (Pa. Commw. Ct. 2000).
“” 18 Pa.C.S. § 9152(c). Once an individual challenges the accuracy of his or her criminal history record information, the burden is upon the criminal justice agency maintaining the records to prove the accuracy of the record.”
Arroyo v. Pappert, 876 A.2d 1073 (Pa. Commw. Ct. 2005).
“From a reading of 18 Pa.C.S. § 9152, there is a question of whether the Attorney General has jurisdiction to hear an appeal of whether the local criminal justice agency has refused to provide requested information because it does not fall within the definition of "criminal…”
R. Benchoff v. OAG (Pa. Commw. Ct. 2020).
“” and requested under Section 9152(c) of CHRIA, 18 Pa.C.S. § 9152(c),4 that DOC and the Parole 4 Section 9152(c) of CHRIA provides, in relevant part, as follows: 2 Board change information in their possession which designated him as a “violent offender.”
— 18 Pa. Cons. Stat. § 9152(d) — 10 cases
Haron v. Pennsylvania State Police, 171 A.3d 344 (Pa. Commw. Ct. 2017).
“18 Pa.C.S. § 9152(c)-(e). . Finally, section 9183 of CHRIA sets forth the available remedies for violations of its provisions, including the following: (a) Injunctions.”
Feigley v. Dep't of Corr., 731 A.2d 220 (Pa. Commw. Ct. 1999).
“Petitioner’s petition for review asserts that both DOC and OAG violated Section 2 of the Act, 18 Pa.C.S. § 9152, by faffing to review and correct his criminal history records.”
Clark v. Pennsylvania State Police, 760 A.2d 1202 (Pa. Commw. Ct. 2000).
“” 18 Pa.C.S. § 9152(c). Once an individual challenges the accuracy of his or her criminal history record information, the burden is upon the criminal justice agency maintaining the records to prove the accuracy of the record.”
— 18 Pa. Cons. Stat. § 9152(d)(1) — 1 case
Clark v. Pennsylvania State Police, 760 A.2d 1202 (Pa. Commw. Ct. 2000).
“” 18 Pa.C.S. § 9152(c). Once an individual challenges the accuracy of his or her criminal history record information, the burden is upon the criminal justice agency maintaining the records to prove the accuracy of the record.”
— 18 Pa. Cons. Stat. § 9152(e) — 8 cases
Dunbar v. Pennsylvania State Police, 902 A.2d 1002 (Pa. Commw. Ct. 2006).
“On October 5, 2004, the Court sustained preliminary objections filed by the State Police and dismissed Dunbar’s mandamus petition, stating that he failed to exhaust administrative remedies set forth in Section 9152 of CHRIA, 18 Pa.C.S. § 9152, 1 *1004 and that he failed to state…”
Feigley v. Dep't of Corr., 731 A.2d 220 (Pa. Commw. Ct. 1999).
“Petitioner’s petition for review asserts that both DOC and OAG violated Section 2 of the Act, 18 Pa.C.S. § 9152, by faffing to review and correct his criminal history records.”
Arroyo v. Pappert, 876 A.2d 1073 (Pa. Commw. Ct. 2005).
“From a reading of 18 Pa.C.S. § 9152, there is a question of whether the Attorney General has jurisdiction to hear an appeal of whether the local criminal justice agency has refused to provide requested information because it does not fall within the definition of "criminal…”
C.E. Redding v. PSP (Pa. Commw. Ct. 2019).
“The criminal justice agency that maintains the record in question then conducts a review of the challenge and has the burden of proving the accuracy of the record. 18 Pa. C.S. § 9152(d). If the agency determines a challenge to be invalid, the individual may then appeal to the…”
— 18 Pa. Cons. Stat. § 9152(e)(1) — 5 cases
Clark v. Pennsylvania State Police, 760 A.2d 1202 (Pa. Commw. Ct. 2000).
“” 18 Pa.C.S. § 9152(c). Once an individual challenges the accuracy of his or her criminal history record information, the burden is upon the criminal justice agency maintaining the records to prove the accuracy of the record.”
D.F. Dowd, Jr. v. D.J. Rossi, Esq. (Pa. Commw. Ct. 2017).
“5 18 Pa. C.S. §9152(e)(1). Section 9152(e)(1) states that “[i]f the challenge is ruled invalid, an individual has the right to appeal the decision to the [OAG] within 30 days of notification of the decision by the criminal justice agency.”
— 18 Pa. Cons. Stat. § 9152(e)(2) — 4 cases
D.F. Dowd, Jr. v. D.J. Rossi, Esq. (Pa. Commw. Ct. 2017).
“5 18 Pa. C.S. §9152(e)(1). Section 9152(e)(1) states that “[i]f the challenge is ruled invalid, an individual has the right to appeal the decision to the [OAG] within 30 days of notification of the decision by the criminal justice agency.”
C.E. Redding v. PSP (Pa. Commw. Ct. 2019).
“The criminal justice agency that maintains the record in question then conducts a review of the challenge and has the burden of proving the accuracy of the record. 18 Pa. C.S. § 9152(d). If the agency determines a challenge to be invalid, the individual may then appeal to the…”
— 18 Pa. Cons. Stat. § 9152(e)(3) — 5 cases
Clark v. Pennsylvania State Police, 760 A.2d 1202 (Pa. Commw. Ct. 2000).
“” 18 Pa.C.S. § 9152(c). Once an individual challenges the accuracy of his or her criminal history record information, the burden is upon the criminal justice agency maintaining the records to prove the accuracy of the record.”
D.F. Dowd, Jr. v. D.J. Rossi, Esq. (Pa. Commw. Ct. 2017).
“5 18 Pa. C.S. §9152(e)(1). Section 9152(e)(1) states that “[i]f the challenge is ruled invalid, an individual has the right to appeal the decision to the [OAG] within 30 days of notification of the decision by the criminal justice agency.”
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