Pennsylvania Code · Title 37, Chapter 195 (Pennsylvania State Police)

37 Pa. Code § 195.1

Definitions in the State Police criminal history record regulations

This is the State Police’s own regulation, in force since 1980. Its definition of a criminal justice agency repeats the functional test in 18 Pa.C.S. § 9102 word for word, with the same examples: police departments, detention facilities, correctional facilities, probation agencies, district attorneys, parole boards, pardon boards. It grants the State Police no power to declare who is or is not a criminal justice agency. That power belongs to the Attorney General under § 9102. And like the statute, it says nothing about training, certification, supervision, funding source, or first-response status.

§ 195.1. Definitions.

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise:

Act—18 Pa.C.S. §§ 9101—9183 (relating to criminal history record information).

Administration of criminal justice—The activities directly concerned with the prevention, control, or reduction of crime and the apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders; criminal identification activities; or the collection, storage, dissemination, or usage of criminal history record information.

Automated systems—A computer or other internally programmed device capable of automatically accepting and processing data, including computer programs, data communication links, input and output data, and data storage devices.

Central repository—The central location for the collection, compilation, maintenance, and dissemination of criminal history record information by the Pennsylvania State Police.

Criminal history record information—Information collected by criminal justice agencies concerning individuals and arising from the initiation of a criminal proceeding, consisting of identifiable descriptions, and dates and notations of arrests, indictments, informations, or other formal criminal charges and any dispositions arising therefrom; the term does not include intelligence information, investigative information, treatment information, or information and records specified in 18 Pa.C.S. § 9104.

Criminal justice agency—Any court including the minor judiciary with criminal jurisdiction or any other governmental agency or subunit thereof created by statute or by the State or Federal constitutions, specifically authorized to perform as its principal function the administration of criminal justice, and which allocates a substantial portion of its annual budget to such function. Criminal justice agencies include, but are not limited to organized State and municipal police departments, local detention facilities, county, regional and State correctional facilities, probation agencies, district or prosecuting attorneys, parole boards, and pardon boards.

Disposition—Information indicating that criminal proceedings have been concluded including information disclosing that police have elected not to refer a matter for prosecution, that a prosecuting authority has elected not to commence criminal proceedings, or that a grand jury has failed to indict and disclosing the nature of the termination of the proceedings or information disclosing that proceedings have been indefinitely postponed and also disclosing the reason for such postponement. Dispositions of criminal proceedings in this Commonwealth shall include, but not be limited to acquittal, acquittal by reason of insanity, pretrial probation or diversion, charge dismissed, guilty plea, nolle prosequi, no information filed, nolo contendere plea, convicted, abatement, discharge under the provisions of 234 Pa. Code (relating to rules of criminal procedure), demurrer sustained, pardoned, sentence commuted, mistrial-defendant discharged, discharge from probation or parole, or correctional supervision.

Dissemination—The oral or written transmission or disclosure of criminal history record information to individuals or agencies other than the criminal justice agency which maintains the information.

Expunge—To remove information so that there is no trace or indication that such information existed; or to eliminate all identifiers which may be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes.

Intelligence information—Information concerning the habits, practices, characteristics, history, possessions, associations or financial status of any individual.

Investigative information—Information assembled as a result of the performance of any inquiry, formal or informal, into a criminal incident or an allegation of criminal wrongdoing; the term may include modus operandi information.

Repository—Any location in which criminal history record information is collected, compiled, maintained, and disseminated by a criminal justice agency.

Secondary dissemination—[Reserved].

Treatment information—Information concerning medical, psychiatric, psychological, or other rehabilitative treatment provided, suggested, or prescribed for any individual.

Source. The provisions of this § 195.1 amended January 4, 1980, effective January 5, 1980, 10 Pa.B. 216.

Why this regulation matters. When the State Police tell a constable that an ORI “requires clear agency accountability,” “centralized oversight,” or training “equivalent to” a municipal academy, ask where those words appear. They do not appear in 18 Pa.C.S. § 9102. They do not appear in 28 C.F.R. § 20.3. They do not appear in this regulation, which the State Police wrote for themselves. The only test in any of the three is functional, and the constable office meets it.

Notice also what this regulation omits. The statute’s final clause, the Attorney General’s power to declare an agency or subunit a criminal justice agency, is absent here. The State Police have no designation power of their own. The designating authority in Pennsylvania is the Attorney General, and the Attorney General has used it more than sixty times. See who is on the list.

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Regulatory text reproduced from the Pennsylvania Code, Title 37, Chapter 195, as published by the Legislative Reference Bureau (current through 56 Pa.B. 4026, July 4, 2026). The official source is the Pennsylvania Code and Bulletin. This page is not legal advice; consult a licensed Pennsylvania attorney for guidance on specific legal questions.