2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 91 - Criminal History Record Information
9152 - Procedure.

     § 9152.  Procedure.
        (a)  Rules and regulations.--The Attorney General in
     cooperation with appropriate criminal justice agencies shall
     promulgate rules and regulations to implement this section and
     shall establish reasonable fees.
        (b)  Requests for information.--Any individual requesting to
     review his or her own criminal history record information shall
     submit proper identification to the criminal justice agency
     which maintains his or her record. Proper identification shall
     be determined by the officials of the repository where the
     request is made. If criminal history record information exists
     the individual may review a copy of such information without
     undue delay for the purpose of review and challenge.
        (c)  Challenge of accuracy.--The individual may challenge the
     accuracy of his or her criminal history record information by
     specifying which portion of the record is incorrect and what the
     correct version should be. Failure to challenge any portion of
     the record in existence at that time will place the burden of
     proving the inaccuracy of any part subsequently challenged upon
     the individual. Information subsequently added to such record
     shall also be subject to review, challenge, correction or
     appeal.
        (d)  Review of challenge.--All criminal justice agencies
     shall have 60 days to conduct a review of any challenge and
     shall have the burden of proving the accuracy of the record. The
     decision on the challenge shall include all information,
     including, but not limited to, the jurisdiction and docket
     number of any relevant court decision which formed a basis for
     the decision. If the challenge is deemed valid, the appropriate
     officials must ensure that:
            (1)  The criminal history record information is
        corrected.
            (2)  A certified and corrected copy of the criminal
        history record information is provided to the individual.
            (3)  Prior erroneous criminal history record information
        disseminated to criminal justice agencies shall be destroyed
        or returned and replaced with corrected information.
            (4)  The individual is supplied with the names of those
        noncriminal justice agencies and individuals which have
        received erroneous criminal history record information.
        (e)  Appeals.--
            (1)  If the challenge is ruled invalid, an individual has
        the right to appeal the decision to the Attorney General
        within 30 days of notification of the decision by the
        criminal justice agency.
            (2)  The Attorney General shall conduct a hearing de novo
        in accordance with the Administrative Agency Law. The burden
        of proof shall be upon the party bearing the burden of proof
        on the challenge.
            (3)  The decision of the Attorney General may be appealed
        to the Commonwealth Court by an aggrieved individual.
     (Oct. 17, 2008, P.L.1628, No.131, eff. imd.)

        2008 Amendment.  Act 131 amended subsecs. (d) and (e).

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