Pennsylvania § 2321 - Expungement.

§ 2321. Expungement.

(a) General rule.--A person whose DNA sample, record or profile has been included in the State DNA Data Bank or the State DNA Data Base under the former DNA Act, former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this chapter may have the DNA sample, record or profile expunged in accordance with this section.

(b) Removal by request.--A person whose DNA sample, record or profile has been included in the State DNA Data Bank or the State DNA Data Base under the former DNA Act, former provisions of 42 Pa.C.S. Ch. 47 or this chapter may file a written request with the State Police that the DNA sample, record or profile be removed on the grounds that the DNA sample, record or profile was included in the State DNA Data Bank or the State DNA Data Base by mistake. If the State Police grants the request, the request shall be processed at no cost and the State Police shall provide written notice of the removal to the person and his attorney of record, if any, within 60 days after destroying the DNA sample, record or profile. If the State Police denies the request, the person may request expungement of the DNA sample, record or profile under subsection (b.1).

(b.1) Expungement by court order.--The following shall apply:

(1) Except as provided under paragraph (2), a person may request the court of common pleas of the county where the original charges were filed to issue an order directing the expungement of the DNA sample, record or profile pertaining to the person in the State DNA Data Bank or the State DNA Data Base in the following instances:

(i) the conviction or delinquency adjudication for which the person's DNA sample was collected has been reversed and no appeal is pending;

(ii) the person was granted an unconditional pardon for the crime for which the DNA sample was taken; or

(iii) the DNA sample, record or profile was included in the State DNA Data Bank or State DNA Data Base by mistake and the State Police has erroneously refused to grant the person's request for removal under subsection (b).

(2) Paragraph (1) shall not apply if the person has been convicted or adjudicated delinquent for any other crime for which a DNA sample is required to be collected under this chapter.

(3) The court shall give 10 days' prior notice to the district attorney of the county where the original charges were filed of an application for expungement under this subsection.

(4) Notwithstanding any other law or rule of court, the court shall have no authority to order the expungement of a DNA sample, record or profile in the State DNA Data Bank or the State DNA Data Base except as provided under this subsection.

(b.2) Expungement reporting.--The court shall forward a certified copy of an expungement order issued under subsection (b.1) to the State Police.

(b.3) Duties of State Police.--The following shall apply:

(1) Upon receipt of an expungement order issued under subsection (b.1), the State Police shall destroy the DNA sample, record or profile in the State DNA Data Bank and the State DNA Data Base pertaining to a person identified in an expungement order.

(2) The expungement shall be processed at no cost to the person from whom the DNA sample was taken.

(3) The State Police shall provide written notice of the expungement to the person and his attorney of record, if any, within 60 days after destroying the DNA sample, record or profile.

(4) The State Police shall publish information regarding the eligibility requirements for expungement under this section and the steps necessary to obtain an expungement under this section on the State Police's publicly accessible Internet website. The State Police shall publish the information in at least two commonly accessible formats, such as HyperText Markup Language and Portable Document Format.

(c) Limitations.--

(1) An incarcerated or previously incarcerated person may not seek expungement of a DNA sample, record or profile on the ground that that person was convicted or adjudicated delinquent for a felony sex offense prior to July 27, 1995.

(2) A person may not seek expungement of a DNA sample, record or profile on the ground that that person was convicted or adjudicated delinquent for one of the other specified offenses prior to the effective date of the former DNA Act or this chapter.

(d) Effect of expungement.--The expungement of a DNA sample, record or profile pursuant to this section shall have no effect on any data bank or data base match or partial match occurring prior to the expungement of the sample, record or profile.

(Oct. 24, 2018, P.L.896, No.147, eff. 360 days)

Cross References. Section 2321 is referred to in section 2323 of this title.