In the Interest of A.B.

987 A.2d 769, 2009 Pa. Super. 252, 2009 Pa. Super. LEXIS 4985
CourtSuperior Court of Pennsylvania
DecidedDecember 24, 2009
StatusPublished
Cited by13 cases

This text of 987 A.2d 769 (In the Interest of A.B.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Interest of A.B., 987 A.2d 769, 2009 Pa. Super. 252, 2009 Pa. Super. LEXIS 4985 (Pa. Ct. App. 2009).

Opinions

OPINION BY

GANTMAN, J.:

¶ 1 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 ex-pungement 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.

¶ 2 The trial court opinion set forth the relevant facts and some of the procedural history of this case as follows:

On or about January 29, 1999, a Juvenile Petition was filed against [Appellant], alleging that on or about January 26, 1999 at Pocono Mountain Senior High School, [Appellant] knowingly or intentionally possessed 185 white pills, knowing that he was not licensed or privileged to do so; [Appellant] knowingly or intentionally possessed 185 white pills with the intent to manufacture or deliver the same, knowing that he was not licensed or privileged to do so; and that [Appellant] used or possessed with intent to use drug paraphernalia. [Appellant] subsequently made an admission to one count of Possession with Intent to Deliver a Controlled Substance [“PWID”], an ungraded felony if he had been an adult. On March 8, 1999, [the court] entered an Order placing [Appellant] with Youth Services of Pennsylvania. On June 24, 1999, Appellant was released from Youth Services of Pennsylvania and placed on probation for a period of six months.
On April 20, 2006, [Appellant] filed a Petition to Expunge. A hearing on [Appellant’s] Petition to Expunge was held on June 28, 2006. On June 29, 2006, [Appellant] and the Commonwealth submitted memoranda of law in support of their respective positions. On July 7, 2006, [the court] entered an order denying [Appellant’s] Petition to Expunge. [772]*772[Appellant] filed a notice of appeal ... on August 1, 2006. On August 7, 2006, [Appellant] filed a Statement pursuant to Pa.R.A.P. 1925(b).

(Trial Court Opinion, filed October 2, 2006, at 1-2).

¶ 3 On June 1, 2007, a unanimous panel of this Court initially reversed and remanded the matter to the trial court to expunge Appellant’s juvenile record. On June 18, 2007, the Commonwealth filed an application for reargument. In response, the original panel first allowed panel reconsideration but subsequently recommended en banc reargument, which this Court granted.

¶ 4 Appellant presents the following issue for review:

DID THE [TRIAL] COURT ABUSE ITS DISCRETION WHEN, AFTER [APPELLANT] HAD FULFILLED ALL THE REQUIREMENTS OF 18 PA.C.S.A. § 9123, IT DENIED THE PETITION TO EXPUNGE?

(Appellant’s Brief on Reargument at 4).

¶ 5 Appellant argues he is entitled to expungement of his juvenile record as a matter of law, because he met the requirements under 18 Pa.C.S.A. § 9123(a)(3). Specifically, Appellant alleges five (5) years elapsed since his final discharge from probation, he has not been convicted of a subsequent felony, misdemeanor or adjudication of delinquency, and no proceeding is pending seeking a conviction or adjudication. Appellant maintains he finished high school, works a steady job, takes courses at a community college, and has had no further encounters with the legal system since the one in 1999. Appellant contends the court overlooked the statutory mandate to expunge his record under Section 9123(a)(3) and, instead, relied solely on the statutory language that provides for denial of expungement “upon cause shown” to support its decision that the disposition of a juvenile expungement petition is wholly discretionary. Appellant insists the court’s application of the statute is flawed. Appellant reasons the meaning of the phrase “except upon cause shown” does not render the entire statute a matter of judicial discretion, as the Commonwealth suggests. Appellant maintains the application of the juvenile expungement statute in his case raises a question of statutory construction and interpretation, which is a pure question of law.

¶ 6 Alternatively, Appellant asserts that even if this Court agrees the process of juvenile record expungement is wholly a matter of judicial discretion, the court nonetheless abused its discretion in this case. Appellant submits the court erroneously referred to the criminal code at 35 P.S. § 780-119(a) in making its decision to deny his petition for expungement, where that statute applies only to criminal offenses. Appellant posits the court’s reliance on Section 780-119(a) is counter to the clear intent of Pennsylvania juvenile law, which is primarily to provide juveniles with an opportunity to correct their behavior, continue with their lives without the stigma of an adjudication, obtain treatment, and achieve rehabilitation. Appellant claims the Commonwealth’s focus on the “nature” of his juvenile offense is inappropriate as the nature of the juvenile offense alone is insufficient to overcome the statutory mandate for expungement. Appellant reiterates he met the requirements of Section 9123(a)(3), and the court should have granted his expungement petition on that basis. Appellant concludes the court erred as a matter of law or abused its discretion in denying his petition, and this Court should reverse and remand with a directive to expunge his juvenile record.

¶ 7 In response, the Commonwealth argues the denial of Appellant’s expunge[773]*773ment petition was a proper exercise of the court’s discretionary powers, based on society’s interest in retaining Appellant’s records for the protection of the public. The Commonwealth concedes Appellant satisfied the statutory requirements specified in Section 9123(a)(3). Nevertheless, the Commonwealth contends it “showed cause” to deny Appellant’s expungement petition because: Appellant was seventeen (17) years old at the time of the offense; he admitted to the offense of PWID; and the offense involved selling drugs in school and possessing one-hundred eighty-five (185) Ecstasy pills. The Commonwealth further submits Appellant failed to present evidence of adverse consequences arising from his juvenile record; instead, Appellant is now employed and attends college. The Commonwealth directs this Court’s attention to the factors set forth in Section 9123(a)(4) to determine the meaning of “cause shown,” such as the nature of the Appellant’s offense, his age, history of employment, criminal activity and drug or alcohol problems, adverse consequences he might suffer if the records are not expunged, and the protection of public safety. The Commonwealth suggests consideration of factors related to substantive due process, including the factors set forth in Commonwealth v. Wexler, 494 Pa. 325, 431 A.2d 877 (1981), provides additional guidance for the meaning of the term “cause shown.” The Commonwealth concludes the court properly denied Appellant’s expungement petition. For the following reasons, we hold the relief Appellant requests is warranted.

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Bluebook (online)
987 A.2d 769, 2009 Pa. Super. 252, 2009 Pa. Super. LEXIS 4985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-ab-pasuperct-2009.