Commonwealth
v. Giulian – July 19, 2016 – Pa. Supreme Court
Majority
http://www.pacourts.us/assets/opinions/Supreme/out/J-49-2016mo%20-%201027386528379439.pdf?cb=1
Concurring
http://www.pacourts.us/assets/opinions/Supreme/out/J-49-2016co%20-%201027386528379441.pdf?cb=1
Concurring
http://www.pacourts.us/assets/opinions/Supreme/out/J-49-2016co1%20-%201027386528379462.pdf?cb=1
We
consider the statutory requirements for expungement of criminal history record
information for summary convictions pursuant to 18 Pa.C.S. §9122(b)(3) and
conclude the lower courts erred in holding expungement unavailable as a matter
of law in this matter. We therefore reverse and remand.
Appellant
Victoria C. Giulian, then twenty years old, was arrested on April 20, 1997, and
ultimately pleaded guilty to the summary offenses of public drunkenness, 18
Pa.C.S. §5505, and harassment, 18 Pa.C.S. §2709(a)(1). At this same time,
appellant was also charged with the misdemeanor offense of disorderly conduct,
18 Pa.C.S. §5503(a)(2), a charge later withdrawn, and the summary offense of
underage drinking, 18 Pa.C.S. §6308(a), to which she pleaded guilty.
Appellant was then arrested on September 27, 1998, and pleaded
guilty to the summary offense of criminal mischief, 18 Pa.C.S. §3304.
Appellant
has had no arrests since September 27, 1998. On May 8, 2013, appellant filed a
petition seeking expungement of these summary convictions from her criminal history
record under Section 9122(b)(3), which provides: (b) Generally.--Criminal
history record information may be expunged when: * * * (3)(i) An individual who
is the subject of the information petitions the court for the expungement of a
summary offense and has been free of arrest or prosecution for five years
following the conviction for that offense. (ii) Expungement under this
paragraph shall only be permitted for a conviction of a summary offense. 18
Pa.C.S. §9122(b)(3).
The
Court agreed with appellant that the Superior Court incorrectly read into the
statute a requirement that the five arrest-free years be “immediately”
following the conviction sought to be expunged, when the actual text of the
statute does not include that qualifier.
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