What does SB 391 do?
Senate Bill 391
SB 391 expands Pennsylvania’s expungement law, which currently only covers summary offenses to include some 3rd degree misdemeanors and, if committed by people under the age of 25, some 2nd degree misdemeanors.
A person must demonstrate rehabilitation by being arrest and conviction free for the 7 to 10 years prior to requesting an expungement. A person who is classified as a habitual offender (multiple serious convictions) will never be eligible.
What offenses are eligible?
There is list of offenses that are not eligible, including any offense that requires registration as a sex offender, cruelty to animals, 2nd degree assault, just to name a few. The prosecutor will have the option to file an objection to any request for an expungement and the judge will have discretion on whether to grant or to deny the expungement.
If signed into law, SB 391 would be enacted after 60 days.