§ 9122.3. Exceptions.

500 words·~2 min read·/pa/title-18/chapter-91/9122-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Limited access not applicable.-- Limited access to records under section 9122.2(a)(1) (relating to clean slate limited access) shall not be granted for any of the following:

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

(i)An offense under Article B of Part II (relating to offenses involving danger to the person).

(ii)An offense under Article D of Part II (relating to offenses against the family).

(iii)An offense under Chapter 61 (relating to firearms and other dangerous articles).

(iv)An offense specified under 42 Pa.C.S. §§ 9799.14 (relating to sexual offenses and tier system) and 9799.55 (relating to registration).

(v)An offense under section 5533 (relating to cruelty to animal).

(vi)An offense under section 6301 (relating to corruption of minors).

(2)An individual who at any time has been convicted of:

(i)A felony, excluding a qualifying offense.

(ii)Two or more offenses punishable by imprisonment of more than two years.

(iii)Four or more offenses punishable by imprisonment of one or more years.

(iv)An offense under the following:

(A)Section 3127 (relating to indecent exposure).

(B)Section 3129 (relating to sexual intercourse with animal).

(C)Section 4915.1 (relating to failure to comply with registration requirements) or 4915.2 (relating to failure to comply with 42 Pa.C.S. Ch. 97 Subch. I registration requirements).

(D)Section 5122 (relating to weapons or implements for escape).

(E)Section 5510 (relating to abuse of corpse).

(F)Section 5515 (relating to prohibiting of paramilitary training).

(a.1) Consolidation.-- For the purpose of this section, the conviction of two or more offenses that are charged in separate counts, are consolidated under one docket number and share the same offense tracking number shall be deemed to be one conviction, except that the docket may not be deemed one conviction if it contains more than two felony convictions.

(b)Limited access to same case.-- 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. This subsection shall not apply to a qualifying offense.

(c)Filing.-- Nothing in this section shall preclude the filing of a petition for limited access under section 9122.1 (relating to petition for limited access) if limited access is available under this section. An offense eligible for clean slate limited access under this section shall also be eligible for petition for limited access under section 9122.1.

18c9122.3v

(June 28, 2018, P.L.402, No.56, eff. 365 days; Dec. 14, 2023, P.L.334, No.36, eff. 180 days)

2023 Amendment. Act 36 amended subsecs. (a)(2)(i),

(b)and

(c)and added subsec. (a.1).

2018 Amendment. Act 56 added section 9122.3. See the preamble to Act 56 in the appendix to this title for special provisions relating to findings and declarations.

Cross References. Section 9122.3 is referred to in section 9122.2 of this title.

18c9122.4s