MODEL BILLS

Clean Slate Act

Summary: The Clean Slate Act limits access to criminal records for less-serious offenses so that ex-offenders can become successful citizens.

Based on Pennsylvania HB 1419 (enacted 2018)

SECTION 1. SHORT TITLE

This Act shall be called the “Clean Slate Act.”

SECTION 2. PURPOSE

This law is enacted to help ex-offenders of less-serious criminal offenses become successful citizens.

SECTION 3. PROHIBITION

After section XXX, the following new section XXX shall be inserted:

(A) CLEAN SLATE LIMITED ACCESS

(1) The following shall be subject to limited access:

(a) Subject to the exceptions herein, criminal history record information pertaining to a conviction of a misdemeanor of the second degree, a misdemeanor of the third degree or a misdemeanor offense punishable by imprisonment of no more than two years if a person has been free for 10 years from conviction for any offense punishable by imprisonment of one or more years and if completion of each court-ordered financial obligation of the sentence has occurred.

(b) Criminal history record information pertaining to charges which resulted in a final disposition other than a conviction.

(c) Criminal history record information pertaining to a conviction for a summary offense when 10 years have elapsed since entry of the judgment of conviction and completion of all court-ordered financial obligations of the sentence has occurred.

(2) The following procedures shall be followed:

(a) On a monthly basis, the Administrative Office of Courts shall transmit to the State Police central repository the record of any conviction eligible for limited access under subsection (A)(1).

(b) The Administrative Office of Courts shall transmit to the State Police repository:

(i) The record of charges subject to limited access within 30 days after entry of the disposition and payment of each court-ordered obligation.

(ii) The record of any conviction within 30 days after the record becomes subject to limited access.

(c) If the State Police central repository determines through a validation process that a record transmitted is not eligible for limited access relief under subsection (A) or does not match data held in the repository, the State Police shall notify the Administrative Office of Courts of this determination within 30 days of receiving the information.

(d) Upon the expiration of the 30-day period, the Administrative Office of Courts shall remove from the list of eligible records any record for which the Administrative Office of Courts received a notification of ineligibility or nonmatch with repository data.

(e) Each court of common pleas shall issue monthly an order for limited access for any record in its judicial district for which no notification of ineligibility was received by the Administrative Office of Courts.

(3) A criminal history record that is the subject of an order for limited access under this section shall be made available to a noncriminal justice agency only as provided herein.

(B) EXCEPTIONS

(1) Limited access to records under this section shall not be granted for any of the following:

(a) A conviction for any of the following or an attempt, conspiracy or solicitation to commit any of the following:

(i) An offense under [insert section] (relating to offenses involving danger to the person).

(ii) An offense under [insert section] (relating to offenses against the family).

(iii) An offense under [insert section] (relating to firearms and other dangerous articles).

(iv) An offense specified under [insert section] (relating to sexual offenses and tier system) and [insert section] (relating to registration).

(v) An offense under [insert section] (relating to cruelty to animal).

(vi) An offense under [insert section] (relating to corruption of minors).

(b) An individual who at any time has been convicted of a felony, two or more offenses punishable by imprisonment of more than two years, four or more offenses punishable by imprisonment of one or more years, or an offense under the following:

(i) [insert section] (relating to indecent exposure).

(ii) [insert section] (relating to sexual intercourse with animal).

(iii) [insert section] (relating to failure to comply with registration requirements) or [insert section] (relating to failure to comply with [insert section] registration requirements).

(iv) [insert section] (relating to weapons or implements for escape).

(v) [insert section] (relating to abuse of corpse).

(vi) [insert section] (relating to prohibiting of paramilitary training).

(2) Limited access under this section shall not apply to an otherwise qualifying conviction if a conviction for an offense punishable by imprisonment of five or more years or an offense enumerated in subsection (A) arose out of the same case.

(3) Nothing in this section shall preclude the filing of a petition for limited access under [insert section] (relating to petition for limited access) if limited access is available under that section.

(C) ORDER TO VACATE ORDER FOR LIMITED ACCESS

(1) Upon petition of the prosecuting attorney to the court where a conviction occurred, and with notice to the defendant and opportunity to be heard, the court shall vacate an order for limited access granted under [insert section] (relating to clean slate limited access) if the court determines that the order was erroneously entered and not in accordance with [insert section].

(2) Upon conviction of a misdemeanor or felony offense and motion of the prosecuting attorney, the court shall enter an order vacating any prior order for limited access pertaining to a record of the defendant, except under [insert section].

(3) An order under subsection (1) or (2) shall be transmitted to the central repository of the State Police.

(D) EFFECTS OF EXPUNGED RECORDS AND RECORDS SUBJECT TO LIMITED ACCESS

(1) Except if requested or required by a criminal justice agency, or if disclosure to noncriminal justice agencies is authorized or required by [insert section] (relating to general regulations), an individual may not be required or requested to disclose information about the individual’s criminal history record that has been expunged or provided limited access under [insert section] (relating to petition for limited access) or [insert section] (relating to clean slate limited access). An individual required or requested to provide information in violation of this section may respond as if the offense did not occur. This subsection shall not apply if Federal law, including rules and regulations promulgated by a self-regulatory organization that has been created under Federal law, requires the consideration of an applicant’s criminal history for purposes of employment.

(2) An expunged record or a record subject to limited access under [insert section] may not be considered a conviction that would prohibit the employment of a person under any law of this Commonwealth or under Federal laws that prohibit employment based on State convictions to the extent permitted by Federal law.

(E) EMPLOYER IMMUNITY FROM LIABILITY

An employer who employs or otherwise engages an individual whose criminal history record has been expunged or to which limited access has been applied under [insert section] 9122.1 (relating to petition for limited access) or [insert section] (relating to clean slate limited access) shall be immune from liability for any claim arising out of the misconduct of the individual, if the misconduct relates to the portion of the criminal history record that has been expunged or provided limited access.

(F) COURT RECORDS CONCERNING MINORS

(1) The contents of court records and files concerning a child shall not be disclosed to the public unless any of the following apply:

(a) The child has been adjudicated delinquent by a court as a result of an act or acts committed when the child was 14 years of age or older and the conduct would have constituted one or more of the following offenses if committed by an adult:

(i) Murder.

(ii) Voluntary manslaughter.

(iii) Aggravated assault as defined in [insert section] (relating to aggravated assault).

(iv) Sexual Assault as defined in [insert section] (relating to sexual assault).

(v) Aggravated indecent assault as defined in [insert section] (relating to aggravated indecent assault).

(vi) Arson as defined in [insert section] (relating to arson and related offenses).

(vii) Burglary as a felony in the first degree as defined in [insert section] (relating to burglary).

(viii) Involuntary deviate sexual intercourse.

(ix) Kidnapping.

(x) Rape.

(xi) Robbery as defined in [insert section] (relating to robbery).

(xii) Robbery of motor vehicle.

(xiii) Violation of [insert section] (relating to firearms and other dangerous articles).

(xiv) Attempt or conspiracy to commit any of the offenses in this subparagraph.

(b) A petition alleging delinquency has been filed alleging that the child has committed an act or acts subject to a hearing pursuant to [insert section] (relating to conduct of hearings) and the child previously has been adjudicated delinquent by a court as a result of an act or acts committed when the child was 14 years of age or older and the conduct would have constituted one or more of the following offenses if committed by an adult: