Rule 172. Order to Expunge or Destroy.

 A.  Contents. Any order to expunge or destroy the official court record, juvenile probation files, docket entries, law enforcement records, or fingerprints and photographs shall include the following information:

   1)  all items contained in Rule 170(B);

   2)  a directive specifically identifying which items shall be expunged or destroyed, including all law enforcement records, juvenile probation files, official court records, other juvenile records, fingerprints, photographs, and any other information pertaining to the arrest;

   3)  a directive that the keeper of the juvenile records shall expunge or destroy such items;

   4)  a directive that each agency, department, or office, upon request, shall notify the court or its designee, in writing, of the action taken in response to the order to expunge or destroy;

   5)  a directive to a school building principal or his or her designee to destroy information received from the court pursuant to Rule 163;

   6)  the printed name and signature of the judge issuing the order; and

   7)  the date of the court order.

 B.  Service. In addition to the service required by Rule 167, the clerk of courts, court administrator, or other court designee shall serve certified copies of the order on the chief juvenile probation officer and any other person or agency as directed by the court.

Comment

   Pursuant to paragraph (A)(2), the court is to list specifically which items are to be expunged and which items are to be destroyed. Specific information retained pursuant to Rule 173 should be expunged but not destroyed. In most instances, the court should order that the fingerprints and photographs be destroyed and that the remaining records and documents be expunged.

   Pursuant to paragraph (A)(4), an agency, department, or office may be requested to produce evidence of compliance with the court order to expunge. Non-compliance may result in a finding of contempt of court.

   Pursuant to paragraph (A)(5), the school is to destroy all information received from the court. Because the school is required to store this information separately under Rule 163(F), destruction should not be difficult. See Rule 163 and its Comment. The court may also require the school to provide written notice of the action taken.

   Official Note

   Rule 172 adopted April 1, 2005, effective October 1, 2005. Amended December 24, 2009, effective immediately. Amended July 28, 2014, effective September 29, 2014.

   Committee Explanatory Reports:

   Final Report explaining the amendments to Rule 172 published with the Court’s Order at 40 Pa.B. 222 (January 9, 2010).

   Final Report explaining the amendments to Rule 172 published with the Court’s Order at 44 Pa.B. 5447 (August 16, 2014).

Source

   The provisions of this Rule 172 amended December 24, 2009, effective immediately, 40 Pa.B. 222; amended July 28, 2014, effective September 29, 2014, 44 Pa.B. 5447. Immediately preceding text appears at serial pages (361561) to (361562).



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