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.