cplmckenzie
Junior Member
What is the name of your state (only U.S. law)? Pennsylvania
Hi,
I made a post last week concerning some old charges and after getting some suggestions here, I did a bit of research.
The following contains the original post and the section of state code relating to dissemination of criminal history information.
Please read and possibly clarify in laymans terms.
Thank You.
--------------------------------------------------------------------------
First the original post of my question.
---------------------------------------
35 yr old charges no records available
--------------------------------------------------------------
------------------
What is the name of your state (only U.S. law)? Pennsylvania
A little background.
In 1977 I was charged with a felony crime.
It was dismissed at arraingment. aka hearing.
In getting a FBI Fingerprint background 12-2010, this showed
up.
I went to the County Clerk Of Courts in the county of the
charges and was told that since the charges were dismissed at
the hearing it was never kicked up to County Level. So there
was never any case for them to track. No Records Exists. I
need to go to the magistrate district that held the hearing
for the case.
I did and was told that as of 1991 no hardcopies exist. If
their office did not bound a case over for trial they got rid
of all paperwork because there was nothing to keep track of.
In Pennsylvania there is a -State Police Central Repository -
that keep track of all cases for the state.
My question would be.
If these show up, can I petition the court to have this
incorrect info removed.
If so, how is that accomplished due to the fact that there
never was a case so no records exist to expunge.
I apologize if this is posted to the wrong forum. I am a new
user and this is my first post
Gary
--------------------------------------------------------------
The following excerpt on the Dissemination Of Information On
Criminal History is from the Pennsylvania Code.
Referenced at this url...
About the Pennsylvania Code
--------------------------------------------------------------
I have read the following excerpt and believe I have an
understanding of what it is implying, but I have found the
more understanding ... the better.
Please read and give me your understanding of this piece of
the Pennslyvania Legal code.
In particular Section 9121.
--------------------------------------------------------------
SUBCHAPTER C
DISSEMINATION OF CRIMINAL HISTORY
RECORD INFORMATION
Sec.
9121. General regulations.
9122. Expungement.
9123. Juvenile records.
9124. Use of records by licensing agencies.
9125. Use of records for employment.
§ 9121. General regulations.
(a) Dissemination to criminal justice agencies.--
Criminal
history record information maintained by any criminal
justice
agency shall be disseminated without charge to any
criminal
justice agency or to any noncriminal justice agency that
is
providing a service for which a criminal justice agency
is
responsible.
(b) Dissemination to noncriminal justice agencies and
individuals.--Criminal history record information shall
be
disseminated by a State or local police department to any
individual or noncriminal justice agency only upon
request.
Except as provided in subsection (b.1):
(1) A fee may be charged by a State or local
police
department for each request for criminal history
record
information by an individual or noncriminal justice
agency,
except that no fee shall be charged to an individual
who
makes the request in order to apply to become a
volunteer
with an affiliate of Big Brothers of America or Big
Sisters
of America or with a rape crisis center or domestic
violence
program.
(2) Before a State or local police department
disseminates criminal history record information to an
individual or noncriminal justice agency, it shall
extract
from the record all notations of arrests, indictments
or
other information relating to the initiation of
criminal
proceedings where:
(i) three years have elapsed from the date of
arrest;
(ii) no conviction has occurred; and
(iii) no proceedings are pending seeking a
conviction.
(b.1) Exception.--Subsection (b)(1) and (2) shall not
apply
if the request is made by a county children and youth
agency or
the Department of Public Welfare in the performance of
duties
relating to children and youth under the act of June 24,
1937
(P.L.2017, No.396), known as the County Institution
District
Law, section 2168 of the act of August 9, 1955 (P.L.323,
No.130), known as The County Code, the act of June 13,
1967
(P.L.31, No.21), known as the Public Welfare Code, 23
Pa.C.S.
Ch. 63 (relating to child protective services) or 42
Pa.C.S. Ch.
63 (relating to juvenile matters).
(c) Data required to be kept.--Any criminal justice
agency
which disseminates criminal history record information
must
indicate to the recipient that the information
disseminated is
only that information contained in its own file, the date
of the
last entry, and that a summary of the Statewide criminal
history
record information may be obtained from the central
repository.
(d) Extracting from the record.--When criminal
history
record information is maintained by a criminal justice
agency in
records containing investigative information,
intelligence
information, treatment information or other nonpublic
information, the agency may extract and disseminate only
the
criminal history record information if the dissemination
is to
be made to a noncriminal justice agency or individual.
(e) Dissemination procedures.--Criminal justice
agencies may
establish reasonable procedures for the dissemination of
criminal history record information.
(f) Notations on record.--Repositories must enter as
a
permanent part of an individual's criminal history record
information file, a listing of all persons and agencies
to whom
they have disseminated that particular criminal history
record
information and the date and purpose for which the
information
was disseminated. Such listing shall be maintained
separate from
the record itself.
(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 11,
1982,
P.L.476, No.138, eff. 180 days; July 2, 1996, P.L.480,
No.76,
eff. 60 days; Dec. 21, 1998, P.L.1103, No.149, eff. 60
days;
Oct. 28, 2002, P.L.888, No.129, eff. imd.)
Hi,
I made a post last week concerning some old charges and after getting some suggestions here, I did a bit of research.
The following contains the original post and the section of state code relating to dissemination of criminal history information.
Please read and possibly clarify in laymans terms.
Thank You.
--------------------------------------------------------------------------
First the original post of my question.
---------------------------------------
35 yr old charges no records available
--------------------------------------------------------------
------------------
What is the name of your state (only U.S. law)? Pennsylvania
A little background.
In 1977 I was charged with a felony crime.
It was dismissed at arraingment. aka hearing.
In getting a FBI Fingerprint background 12-2010, this showed
up.
I went to the County Clerk Of Courts in the county of the
charges and was told that since the charges were dismissed at
the hearing it was never kicked up to County Level. So there
was never any case for them to track. No Records Exists. I
need to go to the magistrate district that held the hearing
for the case.
I did and was told that as of 1991 no hardcopies exist. If
their office did not bound a case over for trial they got rid
of all paperwork because there was nothing to keep track of.
In Pennsylvania there is a -State Police Central Repository -
that keep track of all cases for the state.
My question would be.
If these show up, can I petition the court to have this
incorrect info removed.
If so, how is that accomplished due to the fact that there
never was a case so no records exist to expunge.
I apologize if this is posted to the wrong forum. I am a new
user and this is my first post
Gary
--------------------------------------------------------------
The following excerpt on the Dissemination Of Information On
Criminal History is from the Pennsylvania Code.
Referenced at this url...
About the Pennsylvania Code
--------------------------------------------------------------
I have read the following excerpt and believe I have an
understanding of what it is implying, but I have found the
more understanding ... the better.
Please read and give me your understanding of this piece of
the Pennslyvania Legal code.
In particular Section 9121.
--------------------------------------------------------------
SUBCHAPTER C
DISSEMINATION OF CRIMINAL HISTORY
RECORD INFORMATION
Sec.
9121. General regulations.
9122. Expungement.
9123. Juvenile records.
9124. Use of records by licensing agencies.
9125. Use of records for employment.
§ 9121. General regulations.
(a) Dissemination to criminal justice agencies.--
Criminal
history record information maintained by any criminal
justice
agency shall be disseminated without charge to any
criminal
justice agency or to any noncriminal justice agency that
is
providing a service for which a criminal justice agency
is
responsible.
(b) Dissemination to noncriminal justice agencies and
individuals.--Criminal history record information shall
be
disseminated by a State or local police department to any
individual or noncriminal justice agency only upon
request.
Except as provided in subsection (b.1):
(1) A fee may be charged by a State or local
police
department for each request for criminal history
record
information by an individual or noncriminal justice
agency,
except that no fee shall be charged to an individual
who
makes the request in order to apply to become a
volunteer
with an affiliate of Big Brothers of America or Big
Sisters
of America or with a rape crisis center or domestic
violence
program.
(2) Before a State or local police department
disseminates criminal history record information to an
individual or noncriminal justice agency, it shall
extract
from the record all notations of arrests, indictments
or
other information relating to the initiation of
criminal
proceedings where:
(i) three years have elapsed from the date of
arrest;
(ii) no conviction has occurred; and
(iii) no proceedings are pending seeking a
conviction.
(b.1) Exception.--Subsection (b)(1) and (2) shall not
apply
if the request is made by a county children and youth
agency or
the Department of Public Welfare in the performance of
duties
relating to children and youth under the act of June 24,
1937
(P.L.2017, No.396), known as the County Institution
District
Law, section 2168 of the act of August 9, 1955 (P.L.323,
No.130), known as The County Code, the act of June 13,
1967
(P.L.31, No.21), known as the Public Welfare Code, 23
Pa.C.S.
Ch. 63 (relating to child protective services) or 42
Pa.C.S. Ch.
63 (relating to juvenile matters).
(c) Data required to be kept.--Any criminal justice
agency
which disseminates criminal history record information
must
indicate to the recipient that the information
disseminated is
only that information contained in its own file, the date
of the
last entry, and that a summary of the Statewide criminal
history
record information may be obtained from the central
repository.
(d) Extracting from the record.--When criminal
history
record information is maintained by a criminal justice
agency in
records containing investigative information,
intelligence
information, treatment information or other nonpublic
information, the agency may extract and disseminate only
the
criminal history record information if the dissemination
is to
be made to a noncriminal justice agency or individual.
(e) Dissemination procedures.--Criminal justice
agencies may
establish reasonable procedures for the dissemination of
criminal history record information.
(f) Notations on record.--Repositories must enter as
a
permanent part of an individual's criminal history record
information file, a listing of all persons and agencies
to whom
they have disseminated that particular criminal history
record
information and the date and purpose for which the
information
was disseminated. Such listing shall be maintained
separate from
the record itself.
(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 11,
1982,
P.L.476, No.138, eff. 180 days; July 2, 1996, P.L.480,
No.76,
eff. 60 days; Dec. 21, 1998, P.L.1103, No.149, eff. 60
days;
Oct. 28, 2002, P.L.888, No.129, eff. imd.)