Pennsylvania Act 1995-7 (session 1) — CRIMES CODE (18 PA.C.S.) - AMEND JUVENILE RECORDS

Act text

CRIMES CODE (18 PA.C.S.) - AMEND JUVENILE RECORDS
         Act of Mar. 15, 1995, Special Session 1, P.L. 978, No. 7     Cl. 18
                      Special Session No. 1 of 1995
                                No. 1995-7

     SB 20

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for juvenile
        records.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 9123 of Title 18 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 9123.  Juvenile records.
        (a)  Expungement of juvenile records.--Notwithstanding the
     provisions of section 9105 (relating to other criminal justice
     information) and except upon cause shown, expungement of records
     of juvenile delinquency cases wherever kept or retained shall
     occur after [ten days] 30 days' notice to the district attorney,
     whenever the court upon its motion or upon the motion of a child
     or the parents or guardian finds:
            (1)  a complaint is filed which is not substantiated or
        the petition which is filed as a result of a complaint is
        dismissed by the court;
            (2)  six months have elapsed since the final discharge of
        the person from supervision under a consent decree and no
        proceeding seeking adjudication or conviction is pending;
            (3)  five years have elapsed since the final discharge of
        the person from commitment, placement, probation or any other
        disposition and referral and since such final discharge, the
        person has not been convicted of a felony, misdemeanor or
        adjudicated delinquent and no proceeding is pending seeking
        such conviction or adjudication; or
            (4)  the individual is [21] 18 years of age or older, the
        attorney for the Commonwealth consents to the expungement and
        a court orders the expungement[.] after giving consideration
        to the following factors:
                (i)  the type of offense;
                (ii)  the individual's age, history of employment,
            criminal activity and drug or alcohol problems;
                (iii)  adverse consequences that the individual may
            suffer if the records are not expunged; and
                (iv)  whether retention of the record is required for
            purposes of protection of the public safety.
        (b)  Notice to prosecuting attorney.--The court shall give
     notice of the applications for the expungement of juvenile
     records to the prosecuting attorney.
        (c)  Dependent children.--All records of children alleged to
     be or adjudicated dependent may be expunged upon court order
     after the child is 21 years of age or older.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 15th day of March, A. D. 1995.

     THOMAS J. RIDGE