Westmoreland Cnty. C.P. Criminal Rules RULE WC 119

(a) Expungement under “The Controlled Substance, Drug, Device and Cosmetic Act,” 35

P.S. §§ 780-1 et seq.

(1) Pursuant to 35 P.S. § 780-119, the criminal records for any individual

charged under The Controlled Substance, Drug, Device and Cosmetic Act

who is subsequently found not guilty or for whom the charges are

withdrawn or dismissed may apply for expungement of records by filing a

Petition for Expungement of Criminal Records (Non ARD) found in the

Forms section of these local rules.

(2) The Westmoreland County Adult Probation and Parole Department shall

initiate a Petition to Expunge records associated with a Probation Without

Verdict Order when the defendant completes the program. The form shall be

routed to the Westmoreland County District Attorney for certification, and

forwarded by the district attorney to the court for the purpose of signing an

order.

(b) Expungement under “The Criminal History Record Information Act,” 18 Pa.C.S.A. §§

9101 et. seq.

(1) Petitions for Expungement of criminal history record information pursuant

to 18 Pa.C.S.A. § 9122, shall be initiated when the defendant files a Petition

and Order for Expungement of Criminal Records (Non ARD) found in the

Forms section of these local rules, or by filing a petition containing the

information required under Pa.R.Crim.P. 722.

(2) The clerk of courts shall provide the Westmoreland County District Attorney

and the Westmoreland County Court Administrator with a copy of the

Petition.

(3) The court administrator will forward the expungement petition and order to

the trial judge thirty (30) days after the defendant files the petition. The

court will direct the court administrator to schedule argument on the

petition if the commonwealth files an objection within thirty (30) days of the

filing of the petition; otherwise, the court will order expungement of the

criminal history record.

Adopted May 4, 2004, effective June 21, 2004.