Signed by Governor Tom Wolf

Vote Smart's Synopsis:

Vote to amend and pass a bill that repeals the obligation of convicted persons to pay all outstanding court-ordered finances, outside of restitution and clean slate fees, before eligible cases are sealed, and seals criminal history record information of individuals fully acquitted following a trial.

Highlights:

• Requires all persons petitioning for limited access or clean slate limited access to their criminal history information to have paid all court-ordered restitution and the fee to carry out limited access and clean slate provisions (Sec 1).

• Specifies that any information on a criminal history record subject to limited access provisions may be disclosed to a court for any relevant purposes, including sentencing (Sec 1).

• Authorizes the Pennsylvania Commission on Sentencing to maintain a list of names and criminal history record information of persons whose records are expunged or subject to limited access for research and statistical purposes only (Sec 3).

• Authorizes the expungement of criminal history record information of a specific criminal proceeding when a person is acquitted of an offense by judicial determination (Sec 1).

• Specifies that the person must have been acquitted of all charges based on the same conduct or arising from the same criminal episode following a trial and received a verdict of not guilty (Sec 1).

• Requires the court to provide written notice to the person and to the Commonwealth that the person’s criminal history record information will automatically be expunged (Sec 1).

• Authorizes the Commonwealth to object within 60 days of the notice on the basis that the person has not been acquitted of all charges (Sec 1).

• Requires the court to conduct a hearing in the instance of an objection to determine whether the expungement of the acquittal relates to or arises from the same criminal episode (Sec 1).

• Specifies that the court may waive the hearing if both parties agree (Sec 1).

• Authorizes the court to order a person’s criminal history record information to be automatically expunged following the hearing or the 60 day period, unless the court determines that the expungement relates to or arises from the same criminal conduct (Sec 1).

• Specifies that expungement must occur no later than 12 months from the acquittal date (Sec 1).

• Specifies that provisions do not apply to partial acquittals (Sec 1).

Full Bill Text