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. 12, March 23, 2024
(A) PETITION FOR EXPUNGEMENT
(1) Except as
provided in Rule 320 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:
(a) The
petitioner's name and any aliases that the petitioner has used, address, date
of birth, and social security number;
(b) The name and address of the judge of the
court of common pleas who accepted the guilty plea or heard the case;
(c) The name and mailing address of the
affiant as shown on the complaint, if available;
(d) The Philadelphia Municipal Court docket
number or the court of common pleas docket number, whichever applies;
(e) The offense tracking number
(OTN);
(f) The date on the
complaint, or the date of arrest, and, if available, the criminal justice
agency that made the arrest;
(g)
the specific charges, as they appear on the charging document, to be
expunged;
(h) The disposition and,
if the sentence includes a fine, costs, or restitution, whether the amount due
has been paid;
(i) The reason(s)
for expungement; and
(j) 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 paragraph (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.
(a) The order shall contain the information
required in paragraph (C).
(b)
Except when the attorney for the Commonwealth has filed a consent to the
petition pursuant to paragraph (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:
(a) The petitioner's name and any
aliases that the petitioner has used, address, date of birth, and social
security number;
(b) The name and
address of the judge of the court of common pleas who accepted the guilty plea
or heard the case;
(c) The name and
mailing address of the affiant as shown on the complaint, if
available;
(d) The Philadelphia
Municipal Court docket number or the court of common pleas docket number,
whichever applies;
(e) The offense
tracking number (OTN);
(f) The date
on the complaint, or the date of arrest, and, if available, the criminal
justice agency that made the arrest;
(g) The specific charges, as they appear on
the charging document, to be expunged;
(h) The disposition and, if the sentence
includes a fine, costs, or restitution, whether the amount due has been
paid;
(i) The reason(s) for
expungement; and
(j) 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.
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.