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COMMONWEALTH PENNSYLVANIA v. GERALD HUGH LIEBLER (12/21/84)

December 21, 1984

COMMONWEALTH OF PENNSYLVANIA
v.
GERALD HUGH LIEBLER, APPELLANT



NO. 00140 PITTSBURGH 1983, Appeal from the Order in the Court of Common Pleas of Butler County, Criminal No. C.A. 490 of 1977

Before Spaeth, P.j., Brosky and Montgomery, JJ.

Per Curiam:

This is an appeal from an order dismissing a petition for expungement without a hearing. Because appellant's petition involves a "right . . . of constitutional dimension, a hearing upon a petition to expunge is mandated to determine whether the circumstances require expunction." Commonwealth v. Hughes, 295 Pa. Super. 304, 308, 441 A.2d 1244, 1246 (1982) (citations omitted). We shall therefore vacate the order of the court and remand the case for further proceedings.

So ordered.

19841221

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