Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES
Part C - Court Case Expungement Procedures
Rule 790 - Procedure for Obtaining Expungement in Court Cases; Expungement Order
Universal Citation: 234 PA Code ยง 790
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), Rule
790.2 (Procedure for Expungement
of Acquittals in Court Cases; Expungement Order), and
35
P.S. §
780-119, an individual who
satisfies the requirements for expungement 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 judge of the
court of common pleas who accepted the guilty plea or heard the case;
(iii) the name and mailing address of the
affiant as shown on the complaint, if available;
(iv) the Philadelphia Municipal Court docket
number or the court of common pleas docket number, whichever applies;
(v) the offense tracking number
(OTN);
(vi) the date on the
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 60 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
60-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 judge of the court of common pleas who accepted the guilty plea
or heard the case;
(iii) the name
and mailing address of the affiant as shown on the complaint, if
available;
(iv) the Philadelphia
Municipal Court docket number or the court of common pleas docket number,
whichever applies;
(v) the offense
tracking number (OTN);
(vi) the
date on the 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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