Pennsylvania Code
Title 237 - JUVENILE RULES
Part I - RULES
Subpart A - DELINQUENCY MATTERS
Chapter 1 - GENERAL PROVISIONS
Part C - RECORDS
Part C(3) - EXPUNGING OR DESTROYING RECORDS, FINGERPRINTS, AND PHOTOGRAPHS
Rule 170 - Motion to Expunge or Destroy Records

Universal Citation: 237 PA Code ยง 170

Current through Register Vol. 54, No. 44, November 2, 2024

A. Motion. Upon motion, or sua sponte, expungement proceedings may be commenced:

1) if a written allegation is not approved for prosecution;

2) if the petition is dismissed by the court;

3) in consent decree and informal adjustment cases:
a) when six months have elapsed since the final discharge of the juvenile from supervision; and

b) if no proceeding seeking adjudication or conviction is pending;

4) when a juvenile has been discharged from court supervision pursuant to Rule 631:
a) five years have elapsed;

b) The juvenile has not been convicted or adjudicated delinquent for a felony or misdemeanor;

c) no court proceeding is pending seeking such conviction or adjudication; and

d) The delinquent act is not an act precluded from expungement pursuant to 18 Pa.C.S. § 9123(a.1); or

5) when the attorney for the Commonwealth consents to the expungement.

B. Contents of Motion. A motion, which shall include a proposed court order, shall contain the following information:

1) The name of the juvenile;

2) The date of birth of the juvenile, if known;

3) The juvenile's case docket number, if any;

4) The allegations or offenses to which the order pertains;

5) The law enforcement agency that initiated the allegations;

6) The reference number of the police report or written allegation to be expunged or destroyed, including the juvenile offense tracking number (JOTN), if available;

7) The date of arrest;

8) The disposition of the written allegation or petition;

9) The reasons and statutory authority for expunging or destroying the documents, fingerprints, or photographs; and

10) The agencies upon which certified copies of the court order shall be served.

C. Service of Motion. In addition to the service required by Rule 345, the movant shall serve the motion on the chief juvenile probation officer.

D. Answer.

1) The attorney for the Commonwealth, and any other person upon whom the motion was served, may file an answer to the motion.

2) If objections to the motion are not made within thirty days of the filing of the motion, they shall be deemed waived.

E. Court's Response to the Motion. The court shall conduct a hearing or grant or deny the motion after giving consideration to the following factors:

1) The type of offense;

2) The individual's age, history of employment, history of academic or vocational training, delinquent or criminal activity, and drug or alcohol issues;

3) adverse consequences that the individual may suffer if the records are not expunged; and

4) whether retention of the record is required for purposes of public safety.

F. Inter-County Transfer Cases.

1) A motion to expunge or destroy records shall be filed in the county in which the adjudication of delinquency was entered.

2) A motion regarding the records of a juvenile whose disposition did not involve an adjudication of delinquency shall be filed in the county in which the disposition occurred.

3) The court entering an order to expunge or destroy records shall direct the order to any other court possessing records pertaining to the case.

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.
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