Hunt v. Pennsylvania State Police of Com.

983 A.2d 627, 603 Pa. 156, 2009 Pa. LEXIS 1652
CourtSupreme Court of Pennsylvania
DecidedAugust 17, 2009
Docket40 MAP 2007 and 46 MAP 2007
StatusPublished
Cited by64 cases

This text of 983 A.2d 627 (Hunt v. Pennsylvania State Police of Com.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hunt v. Pennsylvania State Police of Com., 983 A.2d 627, 603 Pa. 156, 2009 Pa. LEXIS 1652 (Pa. 2009).

Opinions

OPINION

Justice TODD.

In this direct appeal, we consider, inter alia, whether Appellant/Cross-Appellee Pennsylvania State Police (“State Police”) has standing to challenge, via preliminary objections raised in a mandamus action, the merits of a trial court’s order requiring the expungement of a criminal record pursuant to the Criminal History Record Information Act (“CHRIA or ‘Act’ ’’).1 For the reasons that follow, we find the State Police lacks standing, and, thus, affirm in part the order of the Commonwealth Court. As described below, we also remand the matter for further proceedings consistent with this opinion.

The facts underlying this appeal are as follows. On May 22, 2006, Appellee/Cross-Appellant Arthur W. Hunt (“Hunt”) petitioned the Court of Common Pleas of Bucks County to expunge his criminal record.2 Thirty years earlier, in 1976, [160]*160Hunt successfully completed Accelerated Rehabilitative Disposition (“ARD”) for the underlying crimes of which he was convicted — indecent assault,3 indecent exposure,4 and corruption of minors.5 Hunt had not been arrested or convicted of any offenses in the three decades following his convictions and his successful completion of ARD. The District Attorney of Bucks County did not oppose Hunt’s petition for expungement. On July 6, 2006, the trial court ordered the State Police, and, inter alia, other local and federal law enforcement agencies, to expunge Hunt’s criminal record due to his successful completion of the conditions imposed upon him in connection with the ARD program.6 No appeal was taken by the District Attorney.

The State Police refused to comply with the trial court’s order. Rather, it requested the Bucks County District Attorney to file a motion to vacate the trial court’s order mme pro tunc. According to the State Police, the trial court’s order was illegal and in violation of Section 9122(b.l) of CHRIA. 18 Pa.C.S.A. § 9122(b.l). Section 9122(b.l), the effective date of which was April 22, 1997, provides that a trial court shall not have the authority to order expungement of a defendant’s record where such defendant, like Hunt, was placed on ARD for, inter alia, indecent assault, where the victim was under 18 years of age. Id. The District Attorney agreed to file a motion to vacate nunc pro tunc. Thereafter, on September 19, 2006, the trial court rescinded Hunt’s expungement order.

By order dated October 19, 2006, however, the Court of Common Pleas of Bucks County rescinded its prior order and again entered an order directing expungement. The trial [161]*161court noted Hunt’s sentence was completed 20 years before the statute became effective and reasoned Section 9122(b.l) was not to be applied retroactively. The Bucks County District Attorney did not appeal this order. Again, the State Police refused to comply with the trial court’s order.

On January 30, 2007, as a result of the State Police’s second refusal to comply with the trial court’s order to expunge his criminal record, Hunt filed a Petition for Review in the original jurisdiction of the Commonwealth Court, both under CHRIA and in the nature of mandamus, to compel expungement. Specifically, Hunt requested: an order directing the State Police to comply with the trial court’s expungement order; actual and real damages; reasonable costs of litigation; counsel fees; and exemplary and punitive damages. Petition for Review at 5. In the alternative, Hunt requested a writ in mandamus compelling expungement. Petition for Review at 6. The same day, Hunt filed an Application for Summary Judgment in which he asserted the State Police “has no standing to object to, let alone willfully and repeatedly disobey, an order of expungement of an arrest record.” Application for Summary Relief at 2.

On March 1, 2007, the State Police filed preliminary objections, claiming Hunt’s Petition for Review failed to state a claim upon which relief could be granted. Specifically, the State Police contended it could not comply with the trial court’s order, as Section 9122(b.l) precluded expungement and the trial court erroneously concluded this provision was not retroactive to prohibit expungement of offenses prior to its effective date. The State Police also alleged that, when Hunt completed ARD in 1976, there was no automatic entitlement to expungement of one’s criminal record. According to the State Police, as there was no clear right to expungement, there was no corresponding duty for the State Police to expunge Hunt’s criminal record.

The Commonwealth Court, by Judge Dan Pellegrini, filed an unpublished single judge order and opinion, concluding the State Police lacked standing to contest the expungement order. Thus, the court overruled the State Police’s prelimi[162]*162nary objections and granted Hunt’s motion for summary judgment.

Specifically, Judge Pellegrini reasoned our recent decision in J.H. v. Commonwealth, 563 Pa. 248, 759 A.2d 1269 (2000), was dispositive. Noting J.H. involved a virtually identical factual scenario concerning the State Police’s refusal to expunge a criminal record, Judge Pellegrini found the law clear that, because the General Assembly did not confer standing on the State Police, and because the State Police was a mere depository of criminal records that it received from reporting agencies, the State Police did not have standing to contest the trial court’s expungement order. Based upon this binding-precedent, Judge Pellegrini ordered the State Police to comply with the trial court’s October 19, 2006 order.

As Judge Pellegrini found the law to be plain, and the State Police “obdurately refused to comply with the trial court’s order,” Commonwealth Court Op. at 5, he awarded Hunt $6,069 in counsel fees, noting the State Police did not actively oppose the award to such fees as it was apparently “interested in having a vehicle for the Supreme Court to reconsider J.H.” Id. at 5 n. 4. The court, however, denied Hunt’s request for an award of punitive damages, concluding the Commonwealth was not subject to such damages.

The State Police appealed the Commonwealth Court’s decision, raising the issue of whether the Commonwealth Court erred when it concluded the State Police lacked standing to contest the expungement of a criminal record in the context of a mandamus action.7 State Police Brief at 4. The State Police also asks the related question of whether the Commonwealth Court erred when it implicitly held the State Police violated CHRIA when it refused to comply with the order directing the [163]*163expungement of a criminal record. Id. Hunt filed a cross-appeal challenging the denial of his claim for actual and punitive damages. Hunt Brief at 1.8

Initially, we note our Court is reviewing the Commonwealth Court’s denial of the State Police’s preliminary objections and the granting of Hunt’s motion for summary relief in the context of a mandamus action. Appellate review of the denial of preliminary objections is limited to a determination of whether there was an error of law. Mazur v. Trinity Area Sch. Dist., 599 Pa. 232, 239, 961 A.2d 96, 101 (2008).

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Bluebook (online)
983 A.2d 627, 603 Pa. 156, 2009 Pa. LEXIS 1652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-v-pennsylvania-state-police-of-com-pa-2009.