Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 4 - PROCEDURES IN SUMMARY CASES
Part H - Summary Case Expungement Procedures
Rule 490.2 - Procedure for Expungement of Acquittals in Summary Cases; Expungement Order
Universal Citation: 234 PA Code ยง 490.2
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Notice of Acquittal.
(1) In
any summary case in which the defendant has been acquitted of all charges as
provided in
18 Pa.C.S. §
9122(a)(4), the issuing
authority shall promptly, but no later than 20 days after acquittal, notify
either the clerk of courts of the judicial district in which the charges were
disposed or, if the charges were disposed of in the Philadelphia Municipal
Court, the clerk of Municipal Court.
(2) Within 10 days of receipt of the
notification from the issuing authority, the clerk of courts or the clerk of
Municipal Court, whichever applies, shall notify the defendant, defense
counsel, if any, and the attorney for the Commonwealth that the case shall be
ordered expunged, unless an objection is filed by the attorney for the
Commonwealth.
(3) Thereafter, the
case shall proceed as provided in subdivisions (b) and (c) of this
rule.
(4) The notice issued by the
clerk of courts or by the clerk of Municipal Court under subdivision (a)(2)
shall set forth:
(i) the defendant's name and
any aliases that the defendant has used, address, date of birth, and social
security number;
(ii) the name and
address of the issuing authority who 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,
if applicable;
(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; and
(viii) a statement that all the charges
resulted in a not guilty finding.
Additional information shall not be required by local rule or practice.
(b) Objections; Hearing.
(1) Within 60 days after service of the
notice, the attorney for the Commonwealth shall file a consent or objection to
the expungement or take no action. The attorney for the Commonwealth's consent
or objection shall be filed in the court of common pleas or the Philadelphia
Municipal Court, whichever applies, and copies shall be served on the defendant
and defense counsel, if any.
(2)
Upon receipt of the attorney for the Commonwealth's response, or no later than
14 days after the expiration of the 60-day period in subdivision (b)(1), the
court of common pleas or the Philadelphia Municipal Court, whichever applies,
shall grant the expungement or, when an objection is filed, shall schedule a
hearing unless waived by the parties and the court.
(3) At the hearing, if any, the defendant and
the attorney for the Commonwealth shall be afforded an opportunity to be heard.
Following the hearing, the judge promptly shall enter an order granting or
denying the expungement.
(4) If the
judge grants the 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 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 expungement, the
judge shall enter an order denying the expungement and stating the reasons for
the denial.
(6) The judge shall
issue the order granting or denying the expungement in writing, with copies to
the defendant, defense counsel, if any, and the attorney for the Commonwealth,
and shall make the order a part of the docket.
(c) Order.
(1) Every order for expungement shall
include:
(i) the defendant's name and any
aliases that the defendant has used, address, date of birth, and social
security number;
(ii) the name and
address of the issuing authority who 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,
if applicable;
(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) a statement that all the charges
resulted in a not guilty finding; and
(ix) 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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