(A) When the judge orders the dismissal of the charges against the defendant, the judge also shall order the expungement of the defendant's arrest record, subject to the provisions of paragraph (B). The expungement order shall contain the same information that is required in Rule 490(C) in summary cases and Rule 790(C) in court cases.
(B) If the attorney for the Commonwealth objects to the automatic expungement, the objections shall be filed with the judge, together with the objections to dismissal, if any, within 30 days after service of a motion for dismissal under Rule 319, and copies of the objections shall be served on the defendant or the defendant's attorney.
(C) If the objections are filed, the judge shall hold a hearing on the objections, affording all parties an opportunity to be heard.
Note: Rule 186 adopted April 10, 1989, effective July 1, 1989; renumbered Rule 320 and amended March 1, 2000, effective April 1, 2001; amended March 14, 2011, effective April 1, 2011; amended June 14, 2023, effective April 1, 2024.
Rules Crim. Proc., Rule 320, 42 Pa.C.S.A., PA ST RCRP Rule 320
Current with amendments received through June 1, 2024. Some rules may be more current; see credits for details.