Section 173. Retention of Specific Information from Juvenile Records

A. Maintenance of specific information.

1) All information retained according to this rule shall be confidential. This information is not eligible for inspection pursuant to Rule 160.

2) If any information maintained according to this rule is disseminated to any unauthorized person, agency, department, or office, the person disseminating the information shall be held in contempt of court.

B. Compliance with expungement order. The court or juvenile probation office shall maintain the following information in a separate document, file, or database for the purpose of determining compliance with an expungement order:

1) a list of juvenile names;

2) identifying information, such as date of birth;

3) the case docket number;

4) a copy of the order to expunge; and

5) any compliance letters sent pursuant to Rule 172(A)(4).

C. Eligibility for court program, the grading or penalty of an offense, or for other purposes as provided by law. The court, juvenile probation office, or the attorney for the Commonwealth shall maintain the following information in a separate document, file, or database for determining eligibility for a court program, the grading or penalty of an offense, or for other purposes as provided by law:

1) a list of juvenile names;

2) identifying information, such as date of birth;

3) the case docket number;

4) a list of the delinquent acts alleged or petitioned;

5) a list of the delinquent acts found, if applicable; and

6) the disposition of the case.

D. Statistical and research purposes. The juvenile probation office, the Juvenile Court Judges’ Commission, and the Administrative Office of Pennsylvania Courts may maintain the following information in a separate document, file, or database for statistical and research purposes:

1) a list of juvenile names;

2) identifying information, such as date of birth;

3) demographic information;

4) a list of the delinquent acts alleged or petitioned;

5) a list of the delinquent acts found, if applicable;

6) the disposition of the case; and

7) any recidivism information.

E. Intelligence and investigative information. Law enforcement agencies and the attorney for the Commonwealth may maintain the following information in a separate document, file, or database for intelligence and investigative purposes:

1) a list of juvenile names;

2) identifying information, such as date of birth;

3) intelligence information; and

4) investigative information.

F. Financial audits. The juvenile probation office, placement facilities, service providers, and the county agency shall maintain the necessary information in a separate document, file, or database for financial audits, which may include, but is not limited to:

1) the number of juveniles sent to a placement facility;

2) the amount of money paid for the court-ordered service; and

3) the dates of service.

Comment

As used throughout this rule, a separate document, file, or database is to be interpreted as a creation of a new document, file, or database when the original document or file has been expunged pursuant to a court order under Rule 172. This rule provides for the retention of information for specific reasons. Original records will be expunged but specific information contained within those records will be extracted and placed into a new document, file, or database. Only the specific items listed in this rule may be maintained by the specified individuals and entities. All remaining information is to be expunged.

There are several legitimate reasons for retaining specific information relating to a case. As provided in paragraph (A)(1), all information retained according to this rule is to be kept confidential and is not subject to inspection pursuant to Rule 160. If any person does not maintain confidentiality of information, that person is to be held in contempt of court. See paragraph (A)(2). However, entities may share information retained pursuant to this rule if the reasons for sharing the information is consistent with this rule and confidentiality is maintained.

Paragraph (B) provides for the maintenance of compliance letters for expunging records. The court may access the document, file, or database to ensure that a court order to expunge a particular record has been followed. This may also be helpful when a juvenile may inquire as to whether the court order was followed.

Paragraph (C) allows specific information concerning a juvenile to be maintained to determine the juvenile’s eligibility for a future court program, the grading or penalty of a new offense, and for other purposes as provided by law. There are instances when the grading or penalty for a new offense is greater because of prior offense(s), for example, retail theft, theft by vehicle, library theft, and driving under the influence of alcohol or other controlled substance. However, offenses cannot be used in a subsequent proceeding unless specifically authorized by law.

Paragraph (D) provides for the retention of specific information for statistical and research purposes. The information gathered under this paragraph is confidential. However, aggregate data compiled may be shared with other persons as statistical and research information. When sharing aggregate data, the juvenile’s name or any identifying information cannot be utilized.

Pursuant to paragraph (E), only law enforcement agencies and the attorney for the Commonwealth may retain intelligence and investigative information.

Paragraph (F) provides for the retention of specific information for financial audits. This is important to provide records of service.

Official Note

Rule 173 adopted July 28, 2014, effective September 29, 2014. Amended February 12, 2015, effective immediately.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 173 published with the Court’s Order at 44 Pa.B. 5447 (August 16, 2014).

The provisions of this Rule 173 adopted July 28, 2014, effective September 29, 2014, 44 Pa.B. 5447; amended February 12, 2015, effective immediately, 45 Pa.B. 953. Immediately preceding text appears at serial pages (373461) to (373462) and (373797).