In Re: Order Adopting New Rule 791 and Amending Rules 490 and 790 of the Pennsylvania Rules of Criminal Procedure

Summary

This document contains Pennsylvania Rules of Criminal Procedure 490, 790, and new Rule 791. Rules 490 and 790 establish procedures for seeking expungement in summary and court cases, respectively, while Rule 791 establishes procedures for obtaining limited-access orders in court cases. The rules address petition contents, criminal history reports, Commonwealth responses, hearings, appeals, orders, and service on criminal justice agencies.

Holdings

1. Rule 490 establishes the required procedure for seeking and obtaining expungement of a summary case, including the petition contents, criminal-history-report requirement, service on the Commonwealth, response period, hearing and decision procedures, order contents, and service of certified orders on identified criminal justice agencies.
2. Rule 790 establishes the required procedure for seeking and obtaining expungement of a court case, including the required petition and order information, criminal-history-report requirement, service and response periods, hearings, appeal stays, and service of certified orders.
3. New Rule 791 establishes the procedure for obtaining a limited-access order under 18 Pa.C.S. § 9122.1, including petition requirements, the criminal-history-report requirement, Commonwealth response and hearing procedures, order contents, appeal stays, and restricted dissemination.
4. An expungement or limited-access order is stayed for 30 days pending appeal, and remains stayed if a timely appeal is filed, except when the attorney for the Commonwealth has consented to the petition.

Questions Presented

1. What procedures should govern petitions and orders for expungement of summary cases under Rule 490?
2. What procedures should govern petitions and orders for expungement of court cases under Rule 790?
3. What procedures should govern petitions and orders for limited access to criminal history record information under new Rule 791?
4. When should an expungement or limited-access order be stayed pending appeal, particularly when the Commonwealth consents?

Disposition

other