Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES
Part C - Court Case Expungement Procedures
Rule 791 - Procedure for Obtaining Order for Limited Access in Court Cases; Order for Limited Access
Universal Citation: 234 PA Code ยง 791
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Petition for Order for Limited Access.
(1) Pursuant to
18 Pa.C.S. §
9122.1,
an individual who satisfies the statutory requirements for obtaining an order
for limited access may request an order that limits the dissemination of his or
her criminal history record information 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, magisterial district judge,
or Philadelphia Municipal Court judge 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 court of common pleas docket number,
magisterial district court docket number, or the Philadelphia Municipal Court
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 subject to
limited access;
(viii) the
disposition, whether the fee previously authorized to carry out the limited
access and clean slate limited access provisions has been paid, and, if the
sentence includes restitution, whether the amount due for restitution has been
paid;
(ix) the reason(s) for the
order for limited access;
(x) a
statement that the case qualifies for a limited access order and none of the
exceptions under
18 Pa.C.S. §
9122.1(b) are applicable;
and
(xi) 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 court 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 of the court of common pleas
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
limited access, the judge shall enter an order directing that the petitioner's
criminal record history information that is subject to the limited access order
shall not be disseminated to an individual, a noncriminal justice agency, or an
internet website and that dissemination of the petitioner's criminal record
history be limited only to a criminal justice agency or government agency as
provided in
18 Pa.C.S. §
9122.1.
(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 order for limited
access is stayed pending the disposition of the appeal and further order of
court.
(5) If the judge
denies the petition for an order of limited access, the judge shall enter an
order denying the petition and stating the reasons for the denial.
(6) If the judge grants the petition for an
order of limited access, the petition and order are subject to limited
access.
(c) Order.
(1) Every order for
limited access 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, magisterial district judge, or Philadelphia Municipal
Court judge 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 court of common pleas docket number,
magisterial district court docket number, or the Philadelphia Municipal Court
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 subject to
limited access;
(viii) the
disposition, whether the fee previously authorized to carry out the limited
access and clean slate limited access provisions has been paid, and, if the
sentence includes restitution, whether the amount due for restitution has been
paid;
(ix) the reason(s) for the
order for limited access;
(x) a
statement that the case qualifies for a limited access order and none of the
exceptions under
18 Pa.C.S. §
9122.1(b) are applicable;
and
(xi) 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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