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JOHN RULLI v. DANIEL T. DUNN (01/25/85)

filed: January 25, 1985.

JOHN RULLI
v.
DANIEL T. DUNN, WARREN L. SHAFFER, AND PENNSYLVANIA STATE POLICE, APPELLANTS



No. 00991 PITTSBURGH, 1982, Appeal from on Order in the Court of Common Pleas, Criminal Division, of Allegheny County, No. 130 September, 1961, 86 MA 1964 & 248 Jan 1961.

COUNSEL

Sheila M. Ford, Pittsburgh, for appellants.

Louis P. Vitti, Pittsburgh, for appellee.

Rowley, Hester and Roberts, JJ.

Author: Hester

[ 337 Pa. Super. Page 614]

This is an appeal from an Order of Court holding appellants David T. Dunn, Warren L. Shaffer, and the Pennsylvania

[ 337 Pa. Super. Page 615]

State Police in contempt for failing to expunge appellee's criminal record.

Appellee compiled a criminal record between 1961 and 1964. Following a period of non-criminal activity, he applied for and received a full gubernatorial pardon on November 26, 1975. Appellee had relocated in Las Vegas, Nevada and became employed at a casino there. In order to protect his career, he petitioned the Court of Common Pleas of Allegheny Courts for expungement of his criminal record. On June 12, 1979, appellee's petition was granted and an order was entered directing the expunction of all documents relating to his criminal record.

Several years later, appellee was unexpectedly discharged from his employment in Nevada. An investigation into his discharge revealed that the Pennsylvania State Police had refused to comply with the Order of June 12, 1979, and that information concerning his criminal record was made available to his employer.

Appellee filed a motion in the nature of a petition for enforcement requesting the lower court to direct the State Police to comply with the expungement order. Following a hearing on August 19, 1982, appellants were cited by the lower court for contempt and directed to comply with said order within ten days or face sanctions. Appellants filed this appeal on or about August 25, 1982 and thereafter requested and received a stay of the order of August 19, 1982.

Initially we note that the order entered against appellants must be characterized as a civil contempt citation. Contempt can be categorized as criminal or civil in nature. Bruzzi v. Bruzzi, 332 Pa. Super. 346, 481 A.2d 648 (1984). Each enjoys its own discrete procedures and each confers distinct procedural rights. Cipolla v. Cipolla, 264 Pa. Super. 53, 398 A.2d 1053 ...


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