03/01/2016
SUMMARY:
Senate Bill 166 amends the Crimes Code concerning orders for limited access and amends the
Judicial Code concerning petitions for expungement or orders for limited access fees. It would
take effect in 180 days.
ANALYSIS:
Senate Bill 166 amends the Crimes Code by adding a section concerning orders for limited
access. Orders for limited access to criminal records may be granted on petition to the court
where the conviction occurred. Only convictions for second or third degree misdemeanors or
ungraded offenses which carry no more than 2 years in prison may be the subject of an order.
The convicted individual must have been free from arrest or prosecution for 10 years following
final release from confinement or supervision. Within 10 days of receiving a petition, the court
must notify the district attorney who may file objections within 30 days, in which case a hearing
on the petition will be held. The court may grant the petition without hearing if no objections
are filed and all the requirements have been met. The central repository, upon notice of the
order from the court, must notify all criminal justice agencies which have received criminal
history record information related to the conviction. The legislation also contains a list of
enumerated offenses for which an order for limited access will not be available.
Once an order for limited access is granted, it will limit disclosure of criminal history records.
Release will be permitted only to a criminal justice agency; a state licensing agency for use only
as where relevant to issuance of a professional and occupational license; and the Pennsylvania
Department Human Services and county children and youth agencies for performance of their
statutory duties regarding child protective services. Senate Bill 166 will prohibit anyone who is
not entitled to disclosure of a criminal history record from requiring or requesting an individual
to disclose a record which has been the subject of an order for limited access.
Senate Bill 166 also amends Judiciary by adding a new section to create a fee of $100 for filing a
petition for limited access or a petition for expungement. The fee will be divided equally
between the Administrative Office of PA Courts, the district attorney and the PA State Police.
SB 166, PN 1155 Fiscal Note, page 2
FISCAL IMPACT:
Enactment of this legislation will have a minor impact on the Pennsylvania State Police for
information technology changes. This should be offset by the imposition of the $100 fee for
filing a petition for limited access or a petition for expungement.
Additionally, the Administrative Office of the Pennsylvania Courts estimates its annual costs
associated with the enactment of this legislation to be $135,000 for two additional staff members
and one-time startup costs of $5,500. These costs should be offset by the imposition of the $100
fee for filing a petition for limited access or a petition for expungement.
According to the Pennsylvania State Police, the agency processes approximately 48,000
expungement orders per year. At this rate the $100 fee would generate $4.8 million per year,
$1.6 million each for the Administrative Office of PA Courts, the PA State Police, and the district
attorneys in the counties where the orders are filed. This estimate assumes no reduction in the
number of expungement requests due to the imposition of this additional fee, and no increase
based upon the availability of the petition for limited access.
PREPARED BY: Jeff Miller
House Appropriations Committee (R)
