Subchapter B. EXPUNGEMENT
Sec.
43b.101. Definitions.
43b.102. Expungement of disciplinary records.
43b.103. Application for expungement.
Authority The provisions of this Subchapter B issued under the act of February 15, 2018 (P.L. 14, No. 6); and sections 506 and 810(a)(7) of The Administrative Code of 1929 (71 P.S. § § 186 and 279.1(a)(7)), unless otherwise noted.
Source The provisions of this Subchapter B adopted September 27, 2019, effective September 28, 2019, 49 Pa.B. 5572, unless otherwise noted.
§ 43b.101. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Expunge or expungement—Removal of a disciplinary record from a licensee’s record accomplished by (1) permanently sealing the affected record from public access; (2) deeming the disciplinary proceedings to which the affected record refers as not having occurred; and (3) except with respect to any subsequent application for expungement, affording the licensee the right to represent that no record exists regarding the subject matter of the affected record.
Licensee—Any person holding a license, registration, certificate or permit issued by a licensing board or commission under the Bureau.§ 43b.102. Expungement of disciplinary records.
(a) Eligibility. The following disciplinary records are eligible for expungement:
(1) Discipline imposed for a violation involving failure to complete continuing education requirements.
(2) Discipline imposed for a violation involving practicing for 6 months or less on a lapsed or expired license, registration, certificate or permit.
(b) Prohibition. The Commissioner will not expunge disciplinary records for any violation other than those listed in subsection (a).
(c) Criteria for expungement of an eligible disciplinary record. The Commissioner will expunge an eligible disciplinary record if the following criteria are met:
(1) The disciplinary record must be the licensee’s only disciplinary record with a licensing board or commission under the Commissioner’s jurisdiction.
(2) The licensee may not be the subject of an active investigation related to professional or occupational conduct.
(3) The licensee may not be in a current disciplinary status, such as revoked, suspended or on probation.
(4) Any fees or fines, including civil penalties and costs imposed in a disciplinary proceeding, assessed against the licensee must be paid in full.
(5) The licensee may not have had a disciplinary record previously expunged by the Commissioner.
§ 43b.103. Application for expungement.
(a) A licensee may apply for expungement in accordance with this subchapter in the manner and format prescribed by the Commissioner.
(b) A licensee may apply for expungement not earlier than 4 years from the final disposition of the disciplinary record.
(c) A licensee applying for expungement shall pay the fee set forth in § 43b.201 (relating to fees for services) for expungement of a disciplinary record.
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