Expungement of a Summary Offense

Posted on by Brian Zeiger in expungement, indecent exposure, pardon, summary, summary conviction, summary expungement // 4 Comments

Over the last couple of weeks I have received several questions about the “Expungement of a Summary Offense.” While I have always received questions in this regard, I have always told people that basically, we can’t get them expunged except in very rare circumstances. However, there is a new Senate bill that the Senate has passed, the Governor says he will sign and the PA Board of Pardons says they encourage, that is listed as PA Senate bill 232. Under this proposed law, people with Summary, Misdemeanor of the second, and Misdemeanor of the third degree may now be eligible for an expungement. See below for more details. (P.S. bill 232 changes the rules on ARD expungements for indecent exposure cases. Therefore, if you got ARD for flashing, get it expunged now while you still can!!!)
§ 9122. Expungement.


(b)  Generally.--Criminal history record information may
be expunged when:
(1)  [an] An individual who is the subject of the
information reaches 70 years ofage and has been free of
arrest or prosecution for ten years following final release
from confinement or supervision[; or].
(2)  [an] 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 for expungement of the information
and the individual has been free of arrest or prosecution 
following final release from confinement or supervision for
the greater of the following time periods:
(A)  In the case of a summary offense, five years. 
(B)  In the case of a misdemeanor of the third degree,
seven years.
(C)  In the case of a misdemeanor of the second degree,
ten years.
(ii)  This paragraph shall not apply to any individual
who has been convicted of:
(A)  An offense punishable by imprisonment of more than
two years.
(B)  Four or more offenses punishable by imprisonment of
one or more years.(C)  A violation of section 3126 (relating to indecent
assault).
(D)  A violation of section 3129 (relating to sexual
intercourse with animal).
(E)  A violation of section 5511 (relating to cruelty
to animals).
(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).

Anonymous // at 7:46 am // Reply

Step in the right direction IMO. Could you clarify on the possible meaning of:

(B) Four or more offenses punishable by imprisonment of one or more years.

Would that entail 4 summary offenses (max 90 day improsonment each)? Or would that mean each singular offense which is punishable by 1+ yr prison

Brian J. Zeiger, Esquire // at 1:24 am // Reply

I read that section to mean that you are trying to get an expungement for a single occurrence in which you were charged with multiple offenses by the DA. The question if whether you can expunge those offense for which you have been convicted from that single occurrence of the criminal act? So if you were convicted of 3 or less crimes that were misdemeanors of the third degree or summaries, you may get it expunged at the discretion of the judge. Four, no such luck. Remember though, this is a bill, not the law yet.

Anonymous // at 9:25 pm // Reply

Can you please elaborate the following?

P.S. bill 232 changes the rules on ARD expungements for indecent exposure cases. Therefore, if you got ARD for flashing, get it expunged now while you still can!!!)

What are the changes and when the change is going to be applied?

Brian J. Zeiger, Esquire // at 1:30 am // Reply

I am not sure if I understand your question, so forgive me if I don’t answer it. If I don’t answer your question, please ask again.

I have two answers to your question (as I read it):

1. As of the day i am writing this note, if you get ard for indecent exposure, you CAN get the case expunged. If senate bill 232 becomes law, you will NOT be able to get the same case expunged.

2. When a bill is proposed either either part of the bi-cameral congress, either the house or the senate, a majority of the members must vote to pass it to send it to the other house. If that house passes it by a majority as well, the bill is sent to the governor to be signed into law. If the governor signs it, the bill becomes law.

This bill is a senate bill, meaning that if it makes it out of the senate it has to go to the house of representatives, then to the governor.