In Re: Order Adopting Rules 490.2 and 790.2 and Amending Rules 320, 490, 790 and 791 of the Pennsylvania Rules of Criminal Procedure
Supreme Court of Pennsylvania
Per Curiam
In Re: Order Adopting Rules 490.2 and 790.2 and Amending Rules 320, 490, 790 and 791 of the Pennsylvania Rules of Criminal Procedure
Opinion
Rule 320. Procedure for Expungement Upon Successful Completion of ARD
Program.
***
Rule 490. Procedure for Obtaining Expungement in Summary Cases;
Expungement Order.
([A]a) [PETITION FOR EXPUNGEMENT] Petition for Expungement.
(1) Except as provided in Rule 320 (Procedure for Expungement
Upon Successful Completion of ARD Program) and Rule 490.2
(Procedure for Expungement of Acquittals in Summary Cases;
Expungement Order), an individual who satisfies the requirements
of 18 Pa.C.S. § 9122 and 18 Pa.C.S. § 9123(a) for expungement of
a summary case 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]i) the petitioner's name and any aliases that the petitioner has
used, address, date of birth, and social security number;
([b]ii) the name and address of the issuing authority who accepted
the guilty plea or heard the case;
([c]iii) the name and mailing address of the affiant as shown on the
complaint or citation, if available;
([d]iv) the magisterial district court number;
([e]v) the docket number;
([f]vi) the date on the citation or complaint, or the date of arrest, and,
if available, the criminal justice agency that made the arrest;
([g]vii)the specific charges, as they appear on the charging
document, to be expunged;
([h]viii)the disposition and, if the sentence includes a fine, costs, or
restitution, whether the amount due has been paid;
([i]ix) the reason(s) for expungement; and
([j]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
2
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]b) [OBJECTIONS; HEARING] 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
[paragraph] subdivision [(B)(1)] (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]i) The order shall contain the information required in [paragraph]
subdivision [(C)] (c).
([b]ii) Except when the attorney for the Commonwealth has filed a
consent to the petition pursuant to [paragraph] subdivision
3
[(B)(1)] (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]c) [ORDER] Order.
(1) Every order for expungement shall include:
([a]i) the petitioner's name and any aliases that the petitioner has
used, address, date of birth, and social security number;
([b]ii) the name and address of the issuing authority who accepted
the guilty plea or heard the case;
([c]iii) the name and mailing address of the affiant as shown on the
complaint or citation, if available;
([d]iv) the magisterial district court number;
([e]v) the docket number;
([f]vi) the date on the citation or complaint, or the date of arrest, and,
if available, the criminal justice agency that made the arrest;
([g]vii)the specific charges, as they appear on the charging
document, to be expunged;
([h]viii)the disposition and, if the sentence includes a fine, costs, or
restitution, whether the amount due has been paid;
([i]ix) the reason(s) for expungement; and
([j]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.
4
(2) The clerk of courts shall serve a certified copy of the [O]order to each
criminal justice agency identified in the court’s [O]order and to all
other entities required to be notified by statute.
Comment: This rule, adopted in 2010, provides the procedures for requesting and
ordering expungement in summary cases. Any case in which a summary offense is filed
with a misdemeanor, felony, or murder of the first, second, or third degree is a court case
(see Rule 103). The petition for expungement of the summary offense in such a case
would proceed under Rule 790.
This rule was amended in 2019 to clarify that the procedures under this rule are to
be used for summary convictions for offenses committed when the defendant is under 18
years of age. This would include any summary conviction that also has been certified to
juvenile court pursuant to Pa.R.J.C.P. 200(3) and 42 Pa.C.S. § 6304.1. In such cases,
two expungement petitions would need to be filed: one would be filed pursuant to
Pa.R.J.C.P. 170 to expunge the record of the juvenile proceeding and the second would
be filed pursuant to Pa.R.Crim.P. 490 to expunge the underlying summary conviction.
See also Rule 320 [for the procedures for expungement following the
successful completion of an ARD program in a summary case and] (Procedure for
Expungement Upon Successful Completion of ARD Program); Rule 790 [for court
case expungement procedures.] (Procedure for Obtaining Expungement in Court
Cases; Expungement Order); Rule 791 (Procedure for Obtaining Order for Limited
Access in Court Cases; Order for Limited Access); 35 P.S. § 780-119 for
expungement procedures under the Controlled Substance, Drug, Device, and
Cosmetic Act; and for expungement procedures in cases satisfying the
requirements of 18 Pa.C.S. § 9122(a)(4) regarding complete acquittals, see Rule
490.2 (Procedure for Expungement of Acquittals in Summary Cases; Expungement
Order) and Rule 790.2 (Procedure for Expungement of Acquittals in Court Cases;
Expungement Order).
This rule sets forth the only information that is to be included in every expungement
petition and order.
[Paragraph] Subdivision [(A)(3)] (a)(3) requires the petitioner to attach a copy of
his or her criminal history report to the petition. The attorney for the Commonwealth may
waive the requirement that the criminal history report be attached to the petition. The
Commonwealth’s agreement to the waiver may be made orally or in writing, or averred in
the petition.
A form petition and form order of expungement has been created by the
Administrative Office of Pennsylvania Courts, in consultation with the Committee, and is
available at the following website: http://www.pacourts.us/forms/for-the-public.
5
“Petition,” as used in this rule, is a “motion” for purposes of Rules 575, 576, and
577.
The "reason for expungement" in [paragraph] subdivisions [(A)(2)(i)] (a)(2)(ix)
and [(C)(1)(i)] (c)(1)(ix) means, for example, acquittal, arrest or prosecution free for five
years following the conviction for that summary offense, or age.
For the procedures for filing and service of petitions, see Rule 576.
For the procedures for filing and service of orders, see Rule 114.
For purposes of this rule, "criminal justice agency" includes police departments,
county detectives, and other law enforcement agencies. See also 18 Pa.C.S. § 9102.
Subdivision (c)(2) requires the clerk of courts to serve each criminal justice
agency identified in the court’s order as well as all other entities required to be
notified by statute. See, e.g., 18 Pa.C.S. § 9122(a)(3) (requiring the court to order
the expungement of all administrative records of the Department of Transportation
relating to a conviction pursuant to 18 Pa.C.S. § 6308 when that conviction is
ordered to be expunged).
Concerning standing, see In Re Administrative Order No. 1-MD-2003, 936 A.2d 1(Pa. 2007); Commonwealth v. J.H.,759 A.2d 1269
(Pa. 2000).
[NOTE: Adopted September 22, 2010 effective in 90 days;
amended November 1, 2016, effective November 14, 2016
amended March 1, 2019, effective July 1, 2019.
* * * * * *
COMMITTEE EXPLANATORY REPORTS:
Final Report explaining the September 22, 2010 promulgation of new
Rule 490 providing the procedures for expungements in summary
cases published with the Court’s Order at 40 Pa.B. 5737 (October 9,
2010).
Final Report explaining the November 9, 2016 amendment regarding
the stay of expungement when the Commonwealth has consented and
6
petition and order forms published for comment at 46 Pa.B. 7439
(November 26, 2016).
Final Report explaining the March 1, 2019 amendment regarding
expungement of summary offenses when the defendant is under 18
years of age published with the Court’s Order at 49 Pa.B. 1121 (March
16, 2019).]
7
—The following text is entirely new—
Rule 490.2. Procedure for Expungement of Acquittals in Summary Cases;
Expungement Order.
(a) Notice of Acquittal.
(1) In any summary case in which the defendant has been acquitted of
all charges as provided in 18 Pa.C.S. § 9122(a)(4), the issuing
authority shall promptly, but no later than 20 days after acquittal,
notify either the clerk of courts of the judicial district in which the
charges were disposed or, if the charges were disposed of in the
Philadelphia Municipal Court, the clerk of Municipal Court.
(2) Within 10 days of receipt of the notification from the issuing authority,
the clerk of courts or the clerk of Municipal Court, whichever applies,
shall notify the defendant, defense counsel, if any, and the attorney
for the Commonwealth that the case shall be ordered expunged,
unless an objection is filed by the attorney for the Commonwealth.
(3) Thereafter, the case shall proceed as provided in subdivisions (b)
and (c) of this rule.
(4) The notice issued by the clerk of courts or by the clerk of Municipal
Court under subdivision (a)(2) shall set forth:
(i) the defendant’s name and any aliases that the defendant has
used, address, date of birth, and social security number;
(ii) the name and address of the issuing authority who heard the
case;
(iii) the name and mailing address of the affiant as shown on the
complaint or citation, if available;
(iv) the magisterial district court number, if applicable;
(v) the docket number;
(vi) the date on the citation or complaint, or the date of arrest, and,
if available, the criminal justice agency that made the arrest;
8
(vii) the specific charges, as they appear on the charging
document, to be expunged; and
(viii) a statement that all the charges resulted in a not guilty finding.
Additional information shall not be required by local rule or practice.
(b) Objections; Hearing.
(1) Within 60 days after service of the notice, the attorney for the
Commonwealth shall file a consent or objection to the expungement
or take no action. The attorney for the Commonwealth’s consent or
objection shall be filed in the court of common pleas or the
Philadelphia Municipal Court, whichever applies, and copies shall be
served on the defendant and defense counsel, if any.
(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 court of common pleas or the Philadelphia
Municipal Court, whichever applies, shall grant the expungement or,
when an objection is filed, shall schedule a hearing unless waived by
the parties and the court.
(3) At the hearing, if any, the defendant and the attorney for the
Commonwealth shall be afforded an opportunity to be heard.
Following the hearing, the judge promptly shall enter an order
granting or denying the expungement.
(4) If the judge grants the 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 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 expungement, the judge shall enter an order
denying the expungement and stating the reasons for the denial.
9
(6) The judge shall issue the order granting or denying the expungement
in writing, with copies to the defendant, defense counsel, if any, and
the attorney for the Commonwealth, and shall make the order a part
of the docket.
(c) Order.
(1) Every order for expungement shall include:
(i) the defendant's name and any aliases that the defendant has
used, address, date of birth, and social security number;
(ii) the name and address of the issuing authority who heard the
case;
(iii) the name and mailing address of the affiant as shown on the
complaint or citation, if available;
(iv) the magisterial district court number, if applicable;
(v) the docket number;
(vi) the date on the citation or 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) a statement that all the charges resulted in a not guilty finding;
and
(ix) 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.
Comment: This rule was adopted in 2023 to provide procedures for the expungement of
summary cases that resulted in acquittals as provided in 18 Pa.C.S. § 9122(a)(4).
10
For the ability of the parties, with the consent of the court, to waive a hearing
pursuant to subdivision (b)(2), see 18 Pa.C.S. § 9122(a)(4)(iii).
See also Rule 320 (Procedure for Expungement Upon Successful Completion of
ARD Program); Rule 490 (Procedure for Obtaining Expungement in Summary Cases;
Expungement Order); Rule 790 (Procedure for Obtaining Expungement in Court Cases;
Expungement Order); Rule 791 (Procedure for Obtaining Order for Limited Access in
Court Cases; Order for Limited Access); 35 P.S. § 780-119 for expungement procedures
under the Controlled Substance, Drug, Device, and Cosmetic Act; and for expungement
procedures in court cases satisfying the requirements of 18 Pa.C.S. § 9122(a)(4)
regarding complete acquittals, see Rule 790.2 (Procedure for Expungement of Acquittals
in Court Cases; Expungement Order).
11
Rule 790. Procedure for Obtaining Expungement in Court Cases; Expungement
Order.
([A]a) [PETITION FOR EXPUNGEMENT] 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:
([a]i) the petitioner's name and any aliases that the petitioner has
used, address, date of birth, and social security number;
([b]ii) the name and address of the judge of the court of common
pleas who accepted the guilty plea or heard the case;
([c]iii) the name and mailing address of the affiant as shown on the
complaint, if available;
([d]iv) the Philadelphia Municipal Court docket number or the court
of common pleas docket number, whichever applies;
([e]v) the offense tracking number (OTN);
([f]vi) the date on the complaint, or the date of arrest, and, if
available, the criminal justice agency that made the arrest;
([g]vii)the specific charges, as they appear on the charging
document, to be expunged;
([h]viii)the disposition and, if the sentence includes a fine, costs, or
restitution, whether the amount due has been paid;
([i]ix) the reason(s) for expungement; and
([j]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
12
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]b) [OBJECTIONS; HEARING] 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] subdivision [(B)(1)] (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]i) The order shall contain the information required in [paragraph]
subdivision [(C)] (c).
([b]ii) Except when the attorney for the Commonwealth has filed a
consent to the petition pursuant to [paragraph] subdivision
13
[(B)(1)] (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]c) [ORDER] Order.
(1) Every order for expungement shall include:
([a]i) the petitioner's name and any aliases that the petitioner has
used, address, date of birth, and social security number;
([b]ii) the name and address of the judge of the court of common
pleas who accepted the guilty plea or heard the case;
([c]iii) the name and mailing address of the affiant as shown on the
complaint, if available;
([d]iv) the Philadelphia Municipal Court docket number or the court
of common pleas docket number, whichever applies;
([e]v) the offense tracking number (OTN);
([f]vi) the date on the complaint, or the date of arrest, and, if
available, the criminal justice agency that made the arrest;
([g]vii)the specific charges, as they appear on the charging
document, to be expunged;
([h]viii)the disposition and, if the sentence includes a fine, costs, or
restitution, whether the amount due has been paid;
([i]ix) the reason(s) for expungement; and
([j]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.
14
(2) The clerk of courts shall serve a certified copy of the [O]order to each
criminal justice agency identified in the court’s [O]order and to all
other entities required to be notified by statute.
Comment: This rule, adopted in 2010, provides the procedures for requesting and
ordering expungement in court cases. Any case in which a summary offense is filed with
a misdemeanor, felony, or murder of the first, second, or third degree is a court case (see
Rule 103). The petition for expungement of the summary offense in such a case would
proceed under this rule.
See also Rule 320 [for the procedures for expungement following the
successful completion of an ARD program in a court case,](Procedure for
Expungement Upon Successful Completion of ARD Program); Rule 490 [for
summary case expungement procedures,](Procedure for Obtaining Expungement
in Summary Cases; Expungement Order); Rule 791 (Procedure for Obtaining Order
for Limited Access in Court Cases; Order for Limited Access); [and ]35 P.S. § 780-
119 for expungement procedures under the Controlled Substance, Drug, Device, and
Cosmetic Act; and for expungement procedures in cases satisfying the
requirements of 18 Pa.C.S. § 9122(a)(4) regarding complete acquittals, see Rule
490.2 (Procedure for Expungement of Acquittals in Summary Cases; Expungement
Order) and Rule 790.2 (Procedure for Expungement of Acquittals in Court Cases;
Expungement Order).
This rule sets forth the only information that must be included in every
expungement petition and order.
[Paragraph] Subdivision [(A)(3)] (a)(3) requires the petitioner to attach a copy of
his or her criminal history report to the petition. The attorney for the Commonwealth may
waive the requirement that the criminal history report be attached to the petition. The
Commonwealth’s agreement to the waiver may be made orally or in writing, or averred in
the petition.
An order for expungement under the Controlled Substance, Drug, Device, and
Cosmetic Act, 35 P.S. § 780-119, also must include the information in [paragraph]
subdivision [(C)] (c).
A form petition and form order of expungement has been created by the
Administrative Office of Pennsylvania Courts, in consultation with the Committee, and is
available at the following website: http://www.pacourts.us/forms/for-the-public.
“Petition,” as used in this rule, is a “motion” for purposes of Rules 575, 576, and
577.
15
The "reason for expungement" in [paragraph] subdivisions [(A)(2)(i)] (a)(2)(ix)
and [(C)(1)(i)] (c)(1)(ix) means, for example, acquittal or age.
For the procedures for filing and service of petitions, see Rule 576.
For the procedures for filing and service of orders, see Rule 114.
When a summons instead of an arrest warrant is issued pursuant to Rule 519, the
date of the summons constitutes the "date of arrest" for purposes of [paragraph]
subdivision [(A)(2)(f)] (a)(2)(vi).
Subdivision (c)(2) requires the clerk of courts to serve each criminal justice
agency identified in the court’s order as well as all other entities required to be
notified by statute. See, e.g., 18 Pa.C.S. § 9122(a)(3) (requiring the court to order
the expungement of all administrative records of the Department of Transportation
relating to a conviction pursuant to 18 Pa.C.S. § 6308 when that conviction is
ordered to be expunged).
For purposes of this rule, "criminal justice agency" includes police departments,
county detectives, and other law enforcement agencies. See also 18 Pa.C.S. § 9102.
Concerning standing, see In Re Administrative Order No. 1-MD-2003, 936 A.2d 1(Pa. 2007); Commonwealth v. J.H.,759 A.2d 1269
(Pa. 2000).
[NOTE: Adopted September 22, 2010 effective in 90 days;
amended November 1, 2016, effective November 14, 2016.
* * * * * *
COMMITTEE EXPLANATORY REPORTS:
Final Report explaining the September 22, 2010 promulgation of new
Rule 790 providing the procedures for expungements in court cases
published with the Court’s Order at 40 Pa.B. 5737 (October 9, 2010).
Final Report explaining the November 9, 2016 amendment regarding
the stay of expungement when the Commonwealth has consented and
petition and order forms published with the Court’s Order at 46 Pa.B.
7439 (November 26, 2016).]
16
—The following text is entirely new—
Rule 790.2. Procedure for Expungement of Acquittals in Court Cases;
Expungement Order.
(a) Notice of Acquittal.
(1) In any court case in which the defendant has been acquitted of all
charges as provided in 18 Pa.C.S. § 9122(a)(4), within 10 days of
the entry of the acquittal, the clerk of courts of the judicial district in
which the charges were disposed or, if the charges were disposed of
in the Philadelphia Municipal Court, the clerk of Municipal Court shall
notify the defendant, defense counsel, if any, and the attorney for the
Commonwealth that the case shall be ordered expunged, unless an
objection is filed by the attorney for the Commonwealth.
(2) Thereafter, the case shall proceed as provided in subdivision (b) and
(c) of this rule.
(3) The notice issued by the clerk of courts or by the clerk of Municipal
Court under subdivision (a)(1) shall set forth:
(i) the defendant’s name and any aliases that the defendant has
used, address, date of birth, and social security number;
(ii) the name and address of the judge of the court of common
pleas or of the Philadelphia Municipal Court, whichever
applies, who heard the case;
(iii) the name and mailing address of the affiant as shown on the
complaint or citation, 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 citation or 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; and
17
(viii) a statement that all the charges resulted in a not guilty finding.
Additional information shall not be required by local rule or practice.
(b) Objections; Hearing.
(1) Within 60 days after service of the notice, the attorney for the
Commonwealth shall file a consent or objection to the expungement
or take no action. The attorney for the Commonwealth’s consent or
objection shall be filed in the court of common pleas or the
Philadelphia Municipal Court, whichever applies, and copies shall be
served on the defendant and defense counsel, if any.
(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 court of common pleas or the Philadelphia
Municipal Court, whichever applies, shall grant the expungement or,
when an objection is filed, shall schedule a hearing unless waived by
the parties and the court.
(3) At the hearing, if any, the defendant and the attorney for the
Commonwealth shall be afforded an opportunity to be heard.
Following the hearing, the judge promptly shall enter an order
granting or denying the expungement.
(4) If the judge grants the 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 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 expungement, the judge shall enter an order
denying the expungement and stating the reasons for the denial.
(6) The judge shall issue the order granting or denying the expungement
in writing, with copies to the defendant, defense counsel, if any, and
18
the attorney for the Commonwealth, and shall make the order a part
of the docket.
(c) Order.
(1) Every order for expungement shall include:
(i) the defendant's name and any aliases that the defendant has
used, address, date of birth, and social security number;
(ii) the name and address of the judge of the court of common
pleas or of the Philadelphia Municipal Court, whichever
applies, who heard the case;
(iii) the name and mailing address of the affiant as shown on the
complaint or citation, 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 citation or 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) a statement that all the charges resulted in a not guilty finding;
and
(ix) 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.
Comment: This rule was adopted in 2023 to provide procedures for the expungement of
court cases that resulted in acquittals as provided in 18 Pa.C.S. § 9122(a)(4).
19
For the ability of the parties, with the consent of the court, to waive a hearing
pursuant to subdivision (b)(2), see 18 Pa.C.S. § 9122(a)(4)(iii).
See also Rule 320 (Procedure for Expungement Upon Successful Completion of
ARD Program); Rule 490 (Procedure for Obtaining Expungement in Summary Cases;
Expungement Order); Rule 790 (Procedure for Obtaining Expungement in Court Cases;
Expungement Order); Rule 791 (Procedure for Obtaining Order for Limited Access in
Court Cases; Order for Limited Access); 35 P.S. § 780-119 for expungement procedures
under the Controlled Substance, Drug, Device, and Cosmetic Act; and for expungement
procedures in summary cases satisfying the requirements of 18 Pa.C.S. § 9122(a)(4)
regarding complete acquittals, see Rule 490.2 (Procedure for Expungement of Acquittals
in Summary Cases; Expungement Order).
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Rule 791. Procedure for Obtaining Order for Limited Access in Court Cases; Order
for Limited Access.
([A]a) [PETITION FOR ORDER FOR LIMITED ACCESS] 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:
([a]i) the petitioner's name and any aliases that the petitioner has
used, address, date of birth, and social security number;
([b]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;
([c]iii) the name and mailing address of the affiant as shown on the
complaint, if available;
([d]iv) the court of common pleas docket number, magisterial district
court docket number, or the Philadelphia Municipal Court
docket number, whichever applies;
([e]v) the offense tracking number (OTN);
([f]vi) the date on the complaint, or the date of arrest, and, if
available, the criminal justice agency that made the arrest;
([g]vii)the specific charges, as they appear on the charging
document, to be subject to limited access;
([h]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 [a fine, costs, or] restitution, whether the amount
due for restitution has been paid;
([i]ix) the reason(s) for the order for limited access;
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([j]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
([k]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]b) [OBJECTIONS; HEARING] 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
[paragraph] subdivision [(B)(1)] (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.
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(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.
([a]i) The order shall contain the information required in [paragraph]
subdivision [(C)] (c).
([b]ii) Except when the attorney for the Commonwealth has filed a
consent to the petition pursuant to [paragraph] subdivision
[(B)(1)] (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]c) [ORDER] Order.
(1) Every order for limited access shall include:
([a]i) the petitioner's name and any aliases that the petitioner has
used, address, date of birth, and social security number;
([b]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;
([c]iii) the name and mailing address of the affiant as shown on the
complaint, if available;
([d]iv) the court of common pleas docket number, magisterial district
court docket number, or the Philadelphia Municipal Court
docket number, whichever applies;
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([e]v) the offense tracking number (OTN);
([f]vi) the date on the complaint, or the date of arrest, and, if
available, the criminal justice agency that made the arrest;
([g]vii)the specific charges, as they appear on the charging
document, to be subject to limited access;
([h]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 [a fine, costs, or] restitution, whether the amount
due for restitution has been paid;
([i]ix) the reason(s) for the order for limited access;
([j]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
([k]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 [O]order to each
criminal justice agency identified in the court’s [O]order and to all
other entities required to be notified by statute.
Comment: Section 9122.1 of the Criminal Code provides for an order limiting
dissemination of a record of a criminal conviction for a misdemeanor of the second
degree, a misdemeanor of the third degree, or an ungraded misdemeanor which carries
a maximum penalty of no more than two years only to a criminal justice agency or
government agency. This rule, adopted in 2016, provides the procedures for requesting
and ordering an order for limited access as provided in the statute.
This rule sets forth the only information that must be included in every petition and
order for limited access.
The petition must be filed with the clerk of courts of the judicial district in which the
charges that are the subject of the petition were disposed. The petition must be decided
by a judge of the court of common pleas, even if the charges that are the subject of the
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petition were disposed by a magisterial district judge or Philadelphia Municipal Court
judge.
[Paragraph] Subdivision [(A)(3)] (a)(3) requires the petitioner to attach a copy of
his or her criminal history report to the petition. The attorney for the Commonwealth may
waive the requirement that the criminal history report be attached to the petition. The
Commonwealth’s agreement to the waiver may be made orally or in writing, or averred in
the petition.
A form petition and form order for limited access has been created by the
Administrative Office of Pennsylvania Courts, in consultation with the Committee, and is
available at the following website: http://www.pacourts.us/forms/for-the-public.
“Petition,” as used in this rule, is a “motion” for purposes of Rules 575, 576, and
577.
The "reason for the order for limited access" in [paragraph] subdivisions
[(A)(2)(i)] (a)(2)(ix) and [(C)(1)(i)] (c)(1)(ix) means, for example, the defendant’s freedom
from arrest or prosecution for 10 years.
For the procedures for filing and service of petitions, see Rule 576.
For the procedures for filing and service of orders, see Rule 114.
When a summons instead of an arrest warrant is issued pursuant to Rule 519, the
date of the summons constitutes the "date of arrest" for purposes of [paragraph]
subdivision [(A)(2)(f)] (a)(2)(vi).
For purposes of this rule, "criminal justice agency" includes police departments,
county detectives, and other law enforcement agencies. See also 18 Pa.C.S. § 9102.
For the definition of “government agency,” see 18 Pa.C.S. § 9121(b.1) and (b.2).
Nothing in this rule is intended to alter procedures regarding expungement. See
Rule 320 [for the procedures for expungement following the successful completion
of an ARD program in a court case,] (Procedure for Expungement Upon Successful
Completion of ARD Program); Rule 490 [for summary case expungement
procedures,] (Procedure for Obtaining Expungement in Summary Cases;
Expungement Order); Rule 790 [for court case expungement,] (Procedure for
Obtaining Expungement in Court Cases; Expungement Order); [and] 35 P.S. § 780-
119 for expungement procedures under the Controlled Substance, Drug, Device, and
Cosmetic Act; and for expungement procedures in cases satisfying the
requirements of 18 Pa.C.S. § 9122(a)(4) regarding complete acquittals, see Rule
490.2 (Procedure for Expungement of Acquittals in Summary Cases; Expungement
25
Order) and Rule 790.2 (Procedure for Expungement of Acquittals in Court Cases;
Expungement Order).
Concerning standing, see In Re Administrative Order No. 1-MD-2003, 936 A.2d 1(Pa. 2007); Commonwealth v. J.H.,759 A.2d 1269
(Pa. 2000).
[NOTE: Adopted November 1, 2016, effective November
14, 2016.
* * * * * *
COMMITTEE EXPLANATORY REPORTS:
Final Report explaining new Rule 791 providing the procedures for
orders for limited access in court cases published with the Court’s
Order at 46 Pa.B. 7439 (November 26, 2016).]
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Reference
- Status
- Published