This act shall apply as follows: * * * (2) The reenactment or amendment of 18 Pa.C.S. § 4915.2 and 42 Pa.C.S. Ch. 97 Subch. I shall apply to: (i) An individual who committed an offense set forth in 42 Pa.C.S. § 9799.55 on or after April 22, 1996, but before December 20, 2012, and whose period of registration as set forth in 42 Pa.C.S. § 9799.55 has not expired. (ii) An individual required to register with the Pennsylvania State Police under a former sexual offender registration law of this Commonwealth as set forth in 42 Pa.C.S. § 9799.55(a)(1)(i), (b)(2) and (4). (iii) Before or after February 21, 2018, an individual who: (A) commits an offense subject to 42 Pa.C.S. Ch. 97 Subch. H; but (B) because of a judicial determination on or after February 21, 2018 of the invalidity of 42 Pa.C.S. Ch. 97 Subch. H, is not subject to registration as a sexual offender. 2018, JUNE 28, P.L.402, NO.56 Preamble The General Assembly finds and declares as follows: (1) Individuals with charges not leading to convictions may be inherently harmed by the maintenance of that record and have a constitutional presumption of innocence. (2) Individuals convicted of crimes in this Commonwealth should serve their sentences as ordered by the courts of this Commonwealth. (3) After less violent individuals convicted of crimes have served their sentences and remained crime free long enough to demonstrate rehabilitation, the individuals' access to employment, housing, education and other necessities of life should be fully restored. (4) Criminal justice agencies need access to all criminal history record information in order to effectively carry out the agencies' duties to protect the public. (5) The Commonwealth shall provide a clean slate remedy, as set forth under this act, to: (i) Create a strong incentive for avoidance of recidivism by offenders. (ii) Provide hope for the alleviation of the hardships of having a criminal record by offenders who are trying to rehabilitate themselves. (iii) Save the Commonwealth money that must be spent in the administration of criminal justice when offenders recidivate. (iv) Ensure appropriate access to criminal history information by criminal justice agencies. (6) The clean slate remedy should be implemented without cost to the former offender of filing a petition with a court.
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