2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 91 - Criminal History Record Information
9121 - General regulations.


                               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.)

        2002 Amendment.  Act 129 amended subsec. (b).
        1996 Amendment.  Act 76 amended subsec. (b) and added subsec.
     (b.1).
        1982 Amendment.  Act 138 amended subsecs. (a) and (b).
        Cross References.  Section 9121 is referred to in section
     1206 of Title 4 (Amusements); section 3705 of Title 22
     (Detectives and Private Police); section 6344 of Title 23
     (Domestic Relations); section 6309 of Title 42 (Judiciary and
     Judicial Procedure).

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