October 23, 2024
Pennsylvania’s Senate and House recently passed two bills introduced by Senator Lisa Baker. The Pennsylvania House of Representatives has passed the two measures following the state Senate’s lead. According to the Senate, they created the measures following Pennsylvania’s Juvenile Justice Task Force recommendations.
When discussing juvenile expungement, Senator Baker explained, “This is all about second chances.” Regarding Senate Bill 170, she stressed, “For a 14-year-old boy, by the time they turn 16, they’ve paid their debt to society.” Believing they should have a fresh start, she pushed for this bill to ensure juveniles are not left behind. “From a timeliness standpoint, with college applications or trying to get a job or finding an apartment… in some cases that limits you and is really difficult.”
These bills, Senate Bill 169 (SB 169) and Senate Bill 170 (SB 170), would reform juvenile justice by addressing issues within the process. For example, they would attempt to streamline the expungement process and provide equal opportunity for juveniles to receive treatments and services. The bills also advocated for improving the oversight of juvenile court proceedings. Senate Bill 169 received an impressive 201 to 0 vote in the House and will increase the frequency of disposition review hearings if signed into law by the Governor.
Courts hold these hearings for juveniles in out-of-home placements for various reasons. For example, the hearing could determine what threats the individual may pose to the community or ensure they receive the necessary treatments and services. Another reason for these hearings is to confirm that the terms and conditions of their placement are met. Currently, the courts hold these hearings every nine months. Senate Bill 169 would increase the frequency to every three months. Meanwhile, Senate Bill 170 focuses on reducing the impact that juvenile offenses may have after serving any sentence.
If signed into law, this Senate bill will reduce the waiting period before expunging an individual’s record. The waiting period for misdemeanors will decrease from five years to two. However, felonies and misdemeanors involving indecent assault or firearms will maintain their five-year waiting period.
Senate Bill 170 would also require the Chief Juvenile Probation Officer or a designee to notify the court when a juvenile’s records become eligible for expungement. Once identified, they must also request the court to begin expungement proceedings. However, the attorney for the Commonwealth may object to these expungements.
Certain convictions, such as sex offenses, cases with pending proceedings, and those with subsequent convictions, do not qualify for this process. Legislatures now wait for Pennsylvania Governor Josh Shapiro to determine if he will sign these bills into law. Should they become law, they will increase employment opportunities and more for many Pennsylvania residents.
Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.