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18 PA C.S. Subchapter C

18 PA C.S. Subchapter C. Dissemination of Criminal History Record Information. 9121: general regulations. 1) criminal histories disseminated (free) to other law enforcement agencies / non-criminal justice who works for criminal justice group 2) non-criminal justice groups / individuals

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18 PA C.S. Subchapter C

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  1. 18 PA C.S. Subchapter C Dissemination of Criminal History Record Information

  2. 9121: general regulations • 1) criminal histories disseminated (free) to other law enforcement agencies / non-criminal justice who works for criminal justice group • 2) non-criminal justice groups / individuals • a) fee may be charged • b) must extract notations of arrests / indictments / after 3 years / no conviction has occurred • 3) exact records needed on all disseminations

  3. 9122: expungment of criminal history • a) no disposition received within 18 months of arrest / court order issued • b) reach age 70 / free of arrest for ten years / dead 3 years • b.1) CAN’t expunge ARD / under 18: rape / IDSI / sexual assault / aggravated indecent assault / indecent assault / obscenity

  4. 9122. expungement of criminal history • c) DA can order it: adherence to pre-trial / post-trial probation requirements • d) notice of expunge-ment must be filed with repository immediately • f) DA must receive notice within ten days

  5. 9123. expungement of juvenile records • a) must occur within 30 days if: • 1) criminal complaint unfounded / not guilty • 2) six months after completion of supervision • 3) five years after completion of sentence / no felony or misdemeanor charges • 4) reach age 18 with DA consent / court ordered

  6. 9123: expungement of juvenile records • 4) court considerations: • type of offense • age • d / a issues • criminal activity • work history • adverse consequences if not expunged • public safety issues if expunged • c) all records may be expunged after age 21

  7. 9124. use of records by licensing agencies • a) state agencies may use records for licensing / certifica-tion / registration / permission / permits • b) prohibited use of information: • 1) record of arrest with no conviction • 2) expunged convictions • 3) conviction of summary offenses • 4) conviction pardoned by governor • 5) convictions NOT suitable to license request

  8. 9124. use of records by licensing agencies • c) applicant can be re-jected for license: • felony conviction • misdemeanor conviction if it directly affects license • d) rejection must be written

  9. 9125. use of records for employment • b) use of criminal history: • felonies / misdemeanors can only be used if it relates to suitability for job • c) applicant must be notified in writing if rejected for afore-mentioned reason

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