Commonwealth v. Coston

24 Pa. D. & C.4th 385, 1995 Pa. Dist. & Cnty. Dec. LEXIS 231
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedJune 9, 1995
Docketnos. 344-M/1994, 3420/1991
StatusPublished

This text of 24 Pa. D. & C.4th 385 (Commonwealth v. Coston) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Coston, 24 Pa. D. & C.4th 385, 1995 Pa. Dist. & Cnty. Dec. LEXIS 231 (Pa. Super. Ct. 1995).

Opinion

BRENNER,/.,

On September 26,1991, defendant, Kevin Coston, was arrested and charged with driving under the influence of alcohol in case number 3420/1991. Ultimately, upon motion of the district at[386]*386tomey’s office he was placed on the Accelerated Rehabilitative Disposition Program on August 12, 1992. By order dated July 15, 1993, after Mr. Coston’s successful completion of the A.R.D. program, our colleague the Honorable William E. Ford dismissed the charges against him and discharged him. Presently before the court is defendant’s pro se petition for expungement of his arrest record. For the reasons which follow we grant defendant’s petition.

FACTS

After hearing we make the following findings of fact:

On August 12,1992, defendant was placed on the A.R.D. program for a period of 12 months upon motion of the district attorney’s office before our colleague the Honorable William E. Ford. Defendant was not represented by counsel at this A.R.D. hearing and was placed on the program at the same time as approximately 30 other defendants.

The underlying charge which precipitated Mr. Coston’s placement on the A.R.D. program was a first offense DUI charge. On July 15,1993, the criminal charges against defendant were dismissed due to his successful completion of the A.R.D. program. As a result of his placement on the A.R.D. program defendant not only had to pay the cost of the proceedings he also lost his driver’s license and lost his job. Subsequently, defendant was able to secure a job at Cigna Insurance Company as an environmental investigator. His job at Cigna requires extensive travel. Presently, his job at Cigna may be in jeopardy because upon doing a background check the company has found out about his DUI charge. Defendant has pe[387]*387titioned the court for expungement because upon completing his A.R.D. requirements he was informed by the administrators of the A.R.D. program in Philadelphia he would have his records expunged as a matter of course.

At the expungement hearing the only evidence presented by the Commonwealth as to why expungement should not be granted was the fact that defendant prior to being admitted to the A.R.D. program signed a waiver of ex-pungement.. In fact, it is the district attorney’s policy that the signing of a waiver of expungement is a prerequisite to being admitted to the A.R.D. program. Defendant acknowledged his signature upon the A.R.D. waiver form; he however indicates that he remembers signing numerous papers on that day and does not recall if he read the paragraph relating to expungement of records.

DISCUSSION

In ruling upon defendant’s petition for expungement, we are guided by the following principles:

“policy considerations underlying A.R.D. mandate that unless the Commonwealth demonstrates an overriding societal interest in retaining that record, expungement must be granted . . .

“(i)n determining whether justice requires expungement, the court, in each particular case, must balance the individual’s right to be free from the harm attendant to maintenance of the arrest record against the Commonwealth’s interest in preserving such records . . . some of the factors that must be considered in making such a determination . . . include the strength of the Commonwealth’s case against the petitioner, the reasons the Commonwealth gives for wishing to retain the records, [388]*388the petitioner’s age, criminal record and employment history, the length of time that has elapsed between the arrest and the petition to expunge, and the specific adverse consequences the petitioner may endure should expunction be denied.” Commonwealth v. Armstrong, 495 Pa. 506, 508, 510, 434 A.2d 1205, 1206, 1207 (1981). (citations omitted)

In the instant case, the only evidence presented by the Commonwealth at the expungement hearing in opposition to defendant’s petition was that defendant prior to being placed on the A.R.D. program executed a waiver of expungement.1 In fact, it is the Lehigh County District Attorney’s policy that prior to any defendant being placed on the A.R.D. program he or she must waive expungement. The district attorney’s office maintains that the decision to submit a case for admission to the A.R.D. program rests in the sound discretion of the district attorney and that absent an abuse of discretion the district attorney’s [389]*389decision should not be overturned. While we are mindful that a defendant’s admission to the A.R.D. program is at the discretion of the district attorney, we hasten to note that defendant’s admission to the A.R.D. program is not directly at issue.

At issue is the expungement of the defendant’s record after having been admitted to the A.R.D., program and successfully completing it. Hence the principles outlined at the outset govern our review. Within this context the Commonwealth maintains that although the law permits expungement a defendant may waive his right to expungement just as a defendant may waive his right to counsel. The Commonwealth contends further that requiring a waiver of expungement to be executed as a condition to being placed on the A.R.D. program serves to protect society in that repeat offenders are thereby tracked to safeguard the community. We disagree.

The Commonwealth’s stance on this issue fails to recognize the underlying principles behind the A.R.D. program. The A.R.D. program was designed to “eliminate the need for lengthy motions, trials and other court proceedings, in cases which are relatively minor or which involve social or behavioral problems which can best be solved by programs and treatments rather than by punishment.” See Armstrong, supra at 507-508 n.1, 434 A.2d at 1205 n.1. “The primary purpose of this program is the rehabilitation of the offender.” Pa. R.Crim.P. 160 (Committee Introduction). “The program is intended to encourage offenders to make a fresh start after participation in a rehabilitative program and offers them the possibility of a clean record if they successfully complete the program.” Id. “Thus, to refuse expungement to those who successfully complete A.R.D. would seriously deter par[390]*390ticipation in the program, undermine its rehabilitative purposes, and impose additional strain on the judicial system by eliminating prompt disposition of numerous . . . charges.” Armstrong, supra at 512, 434 A.2d at 1208.

The Supreme Court has made clear that expungment is an integral aspect of the A.R.D. process and of substantial importance. In Armstrong, the court held that the right to petition for expungement is adjunct to due process and is not dependent upon express statutory authority.2 Armstrong, supra at 509, 434 A.2d at 1206. The court further underscored the importance of expungement by commenting at length on the harm an individual may suffer as a result of the Commonwealth’s retention of an arrest record noting that:

“The harm ancillary to an arrest record is obvious: Information denominated a record of arrest, if it becomes known, may subject an individual to serious difficulties. Even if no direct economic loss is involved, the injury to an individual’s reputation may be substantial. Economic losses themselves may be both direct and serious.

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Related

Commonwealth v. Armstrong
434 A.2d 1205 (Supreme Court of Pennsylvania, 1981)
Commonwealth v. Cohen
577 A.2d 920 (Supreme Court of Pennsylvania, 1990)
Commonwealth v. McKee
516 A.2d 6 (Supreme Court of Pennsylvania, 1986)
Commonwealth v. Welford
420 A.2d 1344 (Superior Court of Pennsylvania, 1980)
Commonwealth v. Wexler
431 A.2d 877 (Supreme Court of Pennsylvania, 1981)
Cain v. Darby Borough
7 F.3d 377 (Third Circuit, 1993)

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Bluebook (online)
24 Pa. D. & C.4th 385, 1995 Pa. Dist. & Cnty. Dec. LEXIS 231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-coston-pactcompllehigh-1995.