McClinton’s criminal justice reform legislation heads to the governor after passing House and Senate

Rep. Joanna E. McClinton    October 21, 2020

Calling it a major step in their bipartisan effort to enact criminal justice reform, state Reps. Joanna McClinton, D-Phila./Delaware, and Sheryl Delozier’s, R-Cumberland, expungement legislation is now on its way to Gov. Tom Wolf’s desk after passing both the House and Senate today.  

“Today once again proves that criminal justice reform is possible in Pennsylvania,” said House Democratic Caucus Chair McClinton. “I applaud my colleagues for supporting our legislation and moving our progress forward to improve our criminal justice system so that it works for all Pennsylvanians.”

The bill (H.B. 440) provides an opportunity for an individual to have their record expunged if they have been unconditionally pardoned or fully acquitted of all charges, based on the same conduct or arising from the same alleged criminal incident.

Under the proposal, Pennsylvanians will be notified of a potential expungement and have the chance to object and conduct a hearing.

“It’s common sense. If a person is found innocent or is cleared of a crime against them, they shouldn’t be forced to suffer the consequences,” explained McClinton. “Our plan would eliminate this unnecessary burden and help instead of hurt their ability to move forward, get a job and ultimately provide for themselves and their family.”

McClinton said this legislation builds on the Clean Slate law that took effect across the commonwealth last year and adds to their ongoing push to update Pennsylvania’s Post-Conviction Relief Act and DNA statutes.

The governor is expected to sign the legislation into law.