Overview Description

Records relating to a consent decree or diversion program can be expunged after six months have elapsed since the final discharge from supervision, so long as the person is not subject to a disqualifying event. 18 Pa. Cons. Stat. § 9123(a)(2).

Ineligible Category or Citation

The person is ineligible for expungement under this section if the person: (a) has a proceeding seeking adjudication or conviction pending; (b) was adjudicated for an offense committed when the person was 14 years old or older that, if committed by an adult, would be classified as an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault; or (c) was adjudicated for an offense committed when the person was 14 years old or older that, if committed by an adult, would be classified as an attempt, solicitation, or conspiracy to commitment an offense related to rape, involuntary deviate sexual intercourse, or aggravated indecent assault. 18 Pa. Cons. Stat. § 9123.

Procedure General

A petition must be filed with the court. For the specific procedure, see 18 Pa. Cons. Stat. § 9123.

Fees

There is no statutory language regarding fees.

Effect

Expunge means to remove information so that there is no trace or indication that such information existed; to eliminate all identifiers which can be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or the maintenance of certain information collected after an individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. 18 Pa. Cons. Stat. § 9102.

Waiting Periods

The petition can be filed after six months have elapsed since the final discharge of the person from supervision under a consent decree or diversion program.

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