No. 513 Philadelphia 1982, Appeal from the Order of the Court of Common Pleas, Criminal Division, of Montgomery County at No. 4019-79.
Neil I. Mittin, Philadelphia, for appellant.
Joseph Hylan, Assistant District Attorney, Norristown, for Commonwealth, appellee.
Rowley, Popovich and Montgomery, JJ. Rowley, J., concurred in the result.
[ 320 Pa. Super. Page 404]
Appellant, Alvin Chacker, appeals from the Order of the Court of Common Pleas of Montgomery County denying his "Petition To Expunge A Criminal Record." We reverse.
As far as this Court can deduce from the uncontested facts appearing in the record, appellant was arrested on September 20, 1979 and charged with Criminal Conspiracy (18 Pa.C.S.A. § 903) and violation of The Controlled Substance, Device and Cosmetic Act (35 Pa.C.S.A. § 780-113(a)). Thereafter, appellant's timely motion to suppress the 3 to 5 pounds of marijuana transferred to another's vehicle prior to his arrest, along with $1,800 in cash found in his vehicle, was granted. As a result thereof, the Commonwealth was "precluded" from proceeding to trial and moved to nolle prosequi the charges lodged against the appellant. Such an Order was entered by the court on January 23, 1980.
On September 17, 1981, the appellant filed a petition seeking to expunge his arrest record on the grounds that:
2. That on January 23, 1980, . . . before the Honorable Richard Lowe, all charges against the Petitioner were nolle pros.
[ 320 Pa. Super. Page 4053]
. That your Petitioner is presently thirty-seven (37) years old and lives at 1228 Glenview Street, Philadelphia, PA 19111.
4. That your Petitioner is presently self-employed as an investor in gold coins, commodities and real estate.
5. That your Petitioner has never been previously convicted of any crime and that the photographs, fingerprints and records of your Petitioner are still in the files of the Lower Merion Township Police Department duplicates thereof have been transferred to the Pennsylvania State Police and ...