(A) PETITION FOR ORDER FOR LIMITED ACCESS
(1) Pursuant to § 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) the petitioner’s name and any aliases that the petitioner has used, address, date of birth, and social security number;(b) 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) the name and mailing address of the affiant as shown on the complaint, if available;(d) the court of common pleas docket number, magisterial district court docket number, or the Philadelphia Municipal Court docket number, whichever applies;(e) the offense tracking number (OTN);(f) the date on the complaint, or the date of arrest, and, if available, the criminal justice agency that made the arrest;(g) the specific charges, as they appear on the charging document, to be subject to limited access;(h) the disposition and, if the sentence includes a fine, costs, or restitution, whether the amount due has been paid;(i) the reason(s) for the order for limited access;(j) a statement that the case qualifies for a limited access order and none of the exceptions under § 9122.1(b) are applicable; and(k) 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 paragraph (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 § 9122.1.
(a) The order shall contain the information required in paragraph (C).(b) Except when the attorney for the Commonwealth has filed a consent to the petition pursuant to paragraph (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:
(a) the petitioner’s name and any aliases that the petitioner has used, address, date of birth, and social security number;(b) 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) the name and mailing address of the affiant as shown on the complaint, if available;(d) the court of common pleas docket number, magisterial district court docket number, or the Philadelphia Municipal Court docket number, whichever applies;(e) the offense tracking number (OTN);(f) the date on the complaint, or the date of arrest, and, if available, the criminal justice agency that made the arrest;(g) the specific charges, as they appear on the charging document, to be subject to limited access;(h) the disposition and, if the sentence includes a fine, costs, or restitution, whether the amount due has been paid;(i) the reason(s) for the order for limited access;(j) a statement that the case qualifies for a limited access order and none of the exceptions under § 9122.1(b) are applicable; and(k) 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.
234 Pa. Code § 791
Adopted by Pennsylvania Bulletin, Vol 46, No. 48. November 26, 2016, effective 11/26/2016
