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).