Thursday, December 24, 2009

IN THE INTEREST OF: A.B.
APPEAL OF: A.B.

No. 2149 EDA 2006 2009 PA Super 252 Atlantic: n/a Filed: 12/24/2009

Appeal from the Order entered July 6, 2006
In the Court of Common Pleas of Monroe County
Criminal, No. CP-45-JV-0030033-1999
Before: STEVENS, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, SHOGAN, FREEDBERG, AND CLELAND, JJ.
Opinion by: GANTMAN, J.
Dissenting Opinion by: KLEIN, J.
Appellant, A.B., appeals from the order entered in the Monroe County Court of Common Pleas, which denied his petition to expunge his juvenile record. Specifically, Appellant asks us to determine whether the court committed an error of law or an abuse of discretion when it denied Appellant’s petition, after he had fulfilled all of the requirements for expungement under 18 Pa.C.S.A. § 9123(a)(3). After careful review of the certified record as well as the relevant law pertaining to expungement of juvenile records, we hold the trial court misapplied the law in denying Appellant’s expungement petition, where Appellant fulfilled the requirements under Section 9123(a)(3); and the Commonwealth failed to show cause to deny expungement and retain Appellant’s juvenile record. Accordingly, we reverse and remand with directions to expunge Appellant’s juvenile record.
-----------------------------------------------------
Want 50 state & federal case law? - click here

No comments: