By Phil Raymond, Staff Writer
Putting past minor mistakes behind you just recently became a lot easier thanks to an addition to Pennsylvania’s expungement law.
In February 2016, Gov. Tom Wolf signed into law Pennsylvania Senate Bill 166.[1] This bill became active on Nov. 14. To celebrate this important bill, Pittsburgh held “Expungement Day” on that same day at the City-County Building.[2] Coordinators of “Expungement Day” sought to provide legal information regarding this new law and job opportunities to those seeking expungements.[3]
“So often when people are coming in for assistance trying to find a job, their criminal record is holding them back 20, 30 years after a crime occurred,” said Cynthia Shields, event cosponsor and director of strategic partnerships at the Three Rivers Workforce Investment Board.[4]
This bill primarily serves to expand upon the existing Pennsylvania Expungement Law.[5] This new law creates § 9122.1: Order for Limited Access. [6] Section 9122.1 sets forth a new category for expungements under Pennsylvania law. Those convicted of a misdemeanor of the second degree (M2) or third degree (M3), which carry a maximum penalty of no more than two years imprisonment, are now eligible to have those charges expunged.[7] That is so as long as 10 years have passed since the conviction and the individual has been conviction-free since the initial incident.[8] Essentially, unless requested by a government or criminal justice agency, the individual seeking expungement is not required to disclose information about his or her criminal history records.[9]
There are exceptions to this general rule, however. An order for limited access under this new law shall not be granted if the individual has been convicted of any of the below offenses:
(1) An offense punishable by imprisonment of more than two years.
(2) Four or more offenses punishable by imprisonment of one or more years.
(3) A violation of section 2701 (relating to simple assault), except when the offense is graded as a misdemeanor of the third degree.
(4) A violation of section 3129 (relating to sexual intercourse with animal).
(5) A violation of section 4912 (relating to impersonating a public servant).
(6) A violation of section 4952 (relating to intimidation of witnesses or victims).
(7) A violation of section 4953 (relating to retaliation against witness, victim or party).
(8) A violation of section 4958 (relating to intimidation, retaliation or obstruction in child abuse cases).
(9) An offense which requires registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).[10]
After filing for an expungement under this title, the applicable court files notice with the local district attorney.[11] Within 30 days of receipt, the district attorney may choose to file objections with the petitioner.[12] Typically, objections are filed depending on the type of crime charged. If no objections are filed, the court can grant the petition without a hearing as long as the requirements under this title have been met.[13] If all requirements have been met, then the record will be sealed or considered “limited access.” Limited access means that the applicant’s criminal record subject to expungement will be on file for police viewing but will not be accessible to the public.
Sealing, or “limited access,” is the primary difference between the main Pennsylvania expungement law under § 9122 and the new law under § 9122.1. Under § 9122, the individual’s record is destroyed by law enforcement, including photos, police records, fingerprints, and all county records.[14] Under §9122.1, law enforcement agencies are required to maintain the record but may no longer disseminate it to any other entity, individual, noncriminal justice agency, or internet website, other than law enforcement.[15] In this case, the record is not destroyed.
Nevertheless, this new law marks an important change for Pennsylvanians still hampered by past mistakes. Certain misdemeanors are now invisible when employers conduct background checks. The primary goal of events such as “Expungement Day” is to not only educate the public, but to change public awareness of such an important law. Word travels fast amongst communities, and, hopefully, many more applicants will begin seeking expungements.
Sources
[1] http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=S&type=B&bn=0166.
[2] http://www.post-gazette.com/local/city/2016/11/14/Expungement-Day/stories/201611140001. Other counties around the state held similar events, such as Philadelphia.
[3] Id.
[4] Id.
[5] 18 Pa.C.S. § 9122 (2016).
[6] 18 Pa.C.S. § 9122.1 (2016).
[7] Id.
[8] Id. at § 9122.1(a)(1).
[9] Id. at § 9122.1(a)(2).
[10] Id. at § 9122.1(b).
[11] Id. at § 9122.1(c).
[12] Id.
[13] Id.
[14] http://www.philly.com/philly/blogs/jobs/If-you-have-a-criminal-record-read-this-INQ-Jobbing.html
[15] https://clsphila.org/learn-about-issues/new-pennsylvania-law-allows-old-and-minor-convictions-be-sealed
