Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 4 - PROCEDURES IN SUMMARY CASES
Part H - Summary Case Expungement Procedures
Rule 490 - Procedure for Obtaining Expungement in Summary Cases; Expungement Order
Universal Citation: 234 PA Code ยง 490
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Petition for Expungement.
(1)
Except as provided in Rule 320 (Procedure for Expungement Upon Successful
Completion of ARD Program) and Rule
490.2 (Procedure for Expungement
of Acquittals in Summary Cases; Expungement Order), an individual who satisfies
the requirements of
18 Pa.C.S. §
9122 and
18 Pa.C.S. § 9123(a)
for expungement of a summary case may request expungement by filing a petition
with the clerk of the courts of the judicial district in which the charges were
disposed.
(2) The petition shall
set forth:
(i) the petitioner's name and any
aliases that the petitioner has used, address, date of birth, and social
security number;
(ii) the name and
address of the issuing authority who accepted the guilty plea or heard the
case;
(iii) the name and mailing
address of the affiant as shown on the complaint or citation, if
available;
(iv) the magisterial
district court number;
(v) the
docket number;
(vi) the date on the
citation or complaint, or the date of arrest, and, if available, the criminal
justice agency that made the arrest;
(vii) the specific charges, as they appear on
the charging document, to be expunged;
(viii) the disposition and, if the sentence
includes a fine, costs, or restitution, whether the amount due has been
paid;
(ix) the reason(s) for
expungement; and
(x) a verification
by the petitioner that facts set forth in the petition are true and correct to
the best of the petitioner's personal knowledge or information and belief. The
verification may be by a sworn affidavit or by an unsworn written statement
that the facts are verified subject to the penalties for unsworn falsification
to authorities under the Crimes Code § 4904,
18 Pa.C.S. §
4904.
Additional information shall not be required by local rule or practice.
(3) Unless the attorney for
the Commonwealth agrees to waive this requirement, a current copy of the
petitioner's Pennsylvania State Police criminal history report shall be
attached to the petition. The copy shall be obtained from the Pennsylvania
State Police within 60 days before filing the petition. Absent a waiver by the
attorney for the Commonwealth, the judge shall not rule upon the petition until
the Pennsylvania State Police criminal history report is filed.
(4) A copy of the petition shall be served on
the attorney for the Commonwealth concurrently with filing.
(b) Objections; Hearing.
(1) Within 30 days after
service of the petition, the attorney for the Commonwealth shall file a consent
or objection to the petition or take no action. The attorney for the
Commonwealth's consent or objection shall be filed with the clerk of courts,
and copies shall be served on the petitioner's attorney, or the petitioner if
unrepresented.
(2) Upon receipt of
the attorney for the Commonwealth's response, or no later than 14 days after
the expiration of the 30-day period in subdivision (b)(1), the judge shall
grant or deny the petition or shall schedule a hearing.
(3) At the hearing, if any, the parties shall
be afforded an opportunity to be heard. Following the hearing, the judge
promptly shall enter an order granting or denying the petition.
(4) If the judge grants the petition for
expungement, the judge shall enter an order directing expungement.
(i) The order shall contain the information
required in subdivision (c).
(ii)
Except when the attorney for the Commonwealth has filed a consent to the
petition pursuant to subdivision (b)(1), the order shall be stayed for 30 days
pending an appeal. If a timely notice of appeal is filed, the expungement order
is stayed pending the disposition of the appeal and further order of
court.
(5) If the judge
denies the petition for expungement, the judge shall enter an order denying the
petition and stating the reasons for the denial.
(c) Order.
(1) Every order for expungement shall
include:
(i) the petitioner's name and any
aliases that the petitioner has used, address, date of birth, and social
security number;
(ii) the name and
address of the issuing authority who accepted the guilty plea or heard the
case;
(iii) the name and mailing
address of the affiant as shown on the complaint or citation, if
available;
(iv) the magisterial
district court number;
(v) the
docket number;
(vi) the date on the
citation or complaint, or the date of arrest, and, if available, the criminal
justice agency that made the arrest;
(vii) the specific charges, as they appear on
the charging document, to be expunged;
(viii) the disposition and, if the sentence
includes a fine, costs, or restitution, whether the amount due has been
paid;
(ix) the reason(s) for
expungement; and
(x) the criminal
justice agencies upon which certified copies of the order shall be served.
Additional information shall not be required by local rule or practice.
(2) The
clerk of courts shall serve a certified copy of the order to each criminal
justice agency identified in the court's order and to all other entities
required to be notified by statute.
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