COMMONWEALTH OF PENNSYLVANIA v. JAMES WAUGHTEL

COMMONWEALTH OF PENNSYLVANIA v. JAMES WAUGHTEL No. 1268 MDA 2009 2010 PA Super 125 Atlantic: n/a Filed: 7/16/2010
	Appeal from the Order Dated June 30, 2009 In the Court of Common Pleas of York County Criminal Division at Nos. CP-67-CR-0001881-2001
Before: BENDER, PANELLA and LAZARUS, JJ.
Opinion by: BENDER, J.
James Waughtel (Appellant) appeals from the order, dated June 30, 2009, denying his request to expunge charges from his record. Appellant claims that the balancing test set forth in Commonwealth v. Wexler, 431 A.2d 877 (Pa. 1981), applies to the circumstances here and that because the Commonwealth failed to present any justification for retaining Appellant’s record, the trial court erred in denying his expungement petition. For the reasons stated below, we affirm.

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