In Re: Order Adopting New Rule 791 and Amending Rules 490 and 790 of the Pennsylvania Rules of Criminal Procedure, 481 Criminal Procedural Docket

Pennsylvania Rules 490, 790, and 791 (adopted 2010; amended 2016) set uniform procedures for petitions to expunge summary cases (Rule 490), court cases (Rule 790), and for orders of limited access in court cases (Rule 791).
Each petition must include identifying information (name/aliases, DOB, SSN, addresses), case identifiers (docket/OTN, date of complaint or arrest, issuing judge/authority), charges, disposition and payment status of fines/costs/restitution, reasons for relief, and a verification (sworn affidavit or unsworn statement subject to penalties for falsification).
Unless waived by the attorney for the Commonwealth, the petitioner must attach a Pennsylvania State Police criminal history report obtained within 60 days before filing; courts will not rule until the report is filed absent waiver.
Service and response timelines: for summary-case petitions the Commonwealth has 30 days to consent/object (Rule 490); for court-case and limited-access petitions the Commonwealth has 60 days (Rules 790, 791). After the response or expiration, the judge has 14 days to grant/deny or schedule a hearing.
If the judge grants relief, the expungement or limited-access order must contain specified case and personal data and certified copies must be served on identified criminal justice agencies. Orders are stayed for 30 days pending appeal except where the Commonwealth consented.

Issue	Petitioner’s Argument	Commonwealth’s Argument	Held
Required contents of petition and order	Petitioners argue rule prescribes limited, uniform data to avoid local variation	Commonwealth supports uniformity and full disclosure to identify records accurately	Rules require specified contents only; additional local requirements prohibited
Requirement to attach State Police criminal history report	Petitioners may seek waiver to avoid delay/cost	Commonwealth may insist on report for accurate adjudication and record matching	Report required unless Commonwealth waives; court won’t rule until report filed absent waiver
Response and timing (service, objection, judge action)	Petitioners request prompt resolution after filing	Commonwealth requests adequate time to investigate and respond	Summary-case response 30 days; court-case/limited-access 60 days; judge must act or schedule hearing within 14 days after response period
Effect of Commonwealth consent on stay	Petitioners may seek immediate effect when Commonwealth consents	Commonwealth may consent but expect procedural safeguards	If Commonwealth consents, the 30-day automatic stay does not apply; otherwise order stayed 30 days pending appeal

In Re Administrative Order No. 1-MD-2003, 936 A.2d 1 (Pa. 2007) (addresses standing to seek post-conviction relief and related procedural posture)
Commonwealth v. J.H., 759 A.2d 1269 (Pa. 2000) (addresses standing and petitioner’s interests in post-conviction record relief)