Rule 790.2. Procedure for Expungement of Acquittals in Court Cases; Expungement Order.
(a) Notice of Acquittal.
(1) In any court case in which the defendant has been acquitted of all charges as provided in 18 Pa.C.S. § 9122(a)(4), within 10 days of the entry of the acquittal, the clerk of courts of the judicial district in which the charges were disposed or, if the charges were disposed of in the Philadelphia Municipal Court, the clerk of Municipal Court shall notify the defendant, defense counsel, if any, and the attorney for the Commonwealth that the case shall be ordered expunged, unless an objection is filed by the attorney for the Commonwealth.
(2) Thereafter, the case shall proceed as provided in subdivision (b) and (c) of this rule.
(3) The notice issued by the clerk of courts or by the clerk of Municipal Court under subdivision (a)(1) shall set forth:
(i) the defendant’s name and any aliases that the defendant has used, address, date of birth, and social security number;
(ii) the name and address of the judge of the court of common pleas or of the Philadelphia Municipal Court, whichever applies, who heard the case;
(iii) the name and mailing address of the affiant as shown on the complaint or citation, if available;
(iv) the Philadelphia Municipal Court docket number or the court of common pleas docket number, whichever applies;
(v) the offense tracking number (OTN);
(vi) the date on the citation or complaint, or the date of arrest, and, if available, the criminal justice agency that made the arrest;
(vii) the specific charges, as they appear on the charging document, to be expunged; and
(viii) a statement that all the charges resulted in a not guilty finding.
Additional information shall not be required by local rule or practice.
(b) Objections; Hearing.
(1) Within 60 days after service of the notice, the attorney for the Commonwealth shall file a consent or objection to the expungement or take no action. The attorney for the Commonwealth’s consent or objection shall be filed in the court of common pleas or the Philadelphia Municipal Court, whichever applies, and copies shall be served on the defendant and defense counsel, if any.
(2) Upon receipt of the attorney for the Commonwealth’s response, or no later than 14 days after the expiration of the 60-day period in subdivision (b)(1), the court of common pleas or the Philadelphia Municipal Court, whichever applies, shall grant the expungement or, when an objection is filed, shall schedule a hearing unless waived by the parties and the court.
(3) At the hearing, if any, the defendant and the attorney for the Commonwealth shall be afforded an opportunity to be heard. Following the hearing, the judge promptly shall enter an order granting or denying the expungement.
(4) If the judge grants the expungement, the judge shall enter an order directing expungement.
(i) The order shall contain the information required in subdivision (c).
(ii) Except when the attorney for the Commonwealth has filed a consent pursuant to subdivision (b)(1), the order shall be stayed for 30 days pending an appeal. If a timely notice of appeal is filed, the expungement order is stayed pending the disposition of the appeal and further order of court.
(5) If the judge denies the expungement, the judge shall enter an order denying the expungement and stating the reasons for the denial.
(6) The judge shall issue the order granting or denying the expungement in writing, with copies to the defendant, defense counsel, if any, and the attorney for the Commonwealth, and shall make the order a part of the docket.
(c) Order.
(1) Every order for expungement shall include:
(i) the defendant’s name and any aliases that the defendant has used, address, date of birth, and social security number;
(ii) the name and address of the judge of the court of common pleas or of the Philadelphia Municipal Court, whichever applies, who heard the case;
(iii) the name and mailing address of the affiant as shown on the complaint or citation, if available;
(iv) the Philadelphia Municipal Court docket number or the court of common pleas docket number, whichever applies;
(v) the offense tracking number (OTN);
(vi) the date on the citation or complaint, or the date of arrest, and, if available, the criminal justice agency that made the arrest;
(vii) the specific charges, as they appear on the charging document, to be expunged;
(viii) a statement that all the charges resulted in a not guilty finding; and
(ix) the criminal justice agencies upon which certified copies of the order shall be served.
Additional information shall not be required by local rule or practice.
(2) The clerk of courts shall serve a certified copy of the order to each criminal justice agency identified in the court’s order and to all other entities required to be notified by statute.
Comment: This rule was adopted in 2023 to provide procedures for the expungement of court cases that resulted in acquittals as provided in 18 Pa.C.S. § 9122(a)(4).
For the ability of the parties, with the consent of the court, to waive a hearing pursuant to subdivision (b)(2), see 18 Pa.C.S. § 9122(a)(4)(iii).
See also Rule 320 (Procedure for Expungement Upon Successful Completion of ARD Program); Rule 490 (Procedure for Obtaining Expungement in Summary Cases; Expungement Order); Rule 790 (Procedure for Obtaining Expungement in Court Cases; Expungement Order); Rule 791 (Procedure for Obtaining Order for Limited Access in Court Cases; Order for Limited Access); 35 P.S. § 780-119 for expungement procedures under the Controlled Substance, Drug, Device, and Cosmetic Act; and for expungement procedures in summary cases satisfying the requirements of 18 Pa.C.S. § 9122(a)(4) regarding complete acquittals, see Rule 490.2 (Procedure for Expungement of Acquittals in Summary Cases; Expungement Order).
Source The provisions of this Rule 790.2 added June 14, 2023, effective April 1, 2024, 53 Pa.B. 3403.
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