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COMMONWEALTH PENNSYLVANIA v. JOHN DAVID CREMINS (07/07/86)

submitted: July 7, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
JOHN DAVID CREMINS, APPELLANT



Appeal from Order of the Court of Common Pleas, Criminal Division, of Montgomery County, No. 143 June Term, 1971.

COUNSEL

Stephen I. Baer, Phoenixville, for appellant.

Mary M. Killinger, Assistant District Attorney, Norristown, for Com., appellee.

Wieand, Tamilia and Roberts, JJ.

Author: Wieand

[ 356 Pa. Super. Page 450]

John David Cremins, on February 11, 1972, entered pleas of guilty to charges of indecent assault and assault and battery. The convictions were based upon an incident in which Cremins, then a member of the United States Army, had brushed his hand across the buttocks of two women at a shopping mall. He was sentenced to pay fines and costs, and these were paid. The convictions have never been reversed or vacated and are, for our purposes, valid convictions.

On November 11, 1985, Cremins filed a petition to expunge his earlier convictions. He alleged that he was a supervisor for emotionally disturbed boys, employed by a school in Massachusetts. He feared that a legislatively mandated background check would have an adverse impact on his continued employment. After a full hearing before the Honorable Horace A. Davenport, an order was entered denying expungement. Cremins appealed. We affirm.

[ 356 Pa. Super. Page 451]

Our decision is mandated by prior decisions of this Court in Commonwealth v. C.S., 351 Pa. Super. 467, 506 A.2d 443 (1986) and Commonwealth v. Magdon, 310 Pa. Super. 84, 456 A.2d 194 (1983). Contrary to appellant's present argument, the effect of these decisions was not limited to the non-expungement of valid felony convictions. Moreover, these decisions do not require a balancing of equities between expungement and continued maintenance of records of valid convictions. This Court has held that one who has been validly convicted of crime, whose conviction has not been reversed or vacated, is not entitled to have the record of such conviction expunged regardless of his subsequent progress and rehabilitation. See also: Commonwealth v. Homison, 253 Pa. Super. 486, 385 A.2d 443 (1978).

Appellant's convictions of indecent assault and assault and battery have never been reversed and are valid convictions which have become a permanent part of his record. The trial court correctly held that he was not entitled to have the convictions expunged.

Appellant's argument that 18 Pa.C.S. ยง 9122(b)(1) violates principles of equal protection*fn1 is unavailing. The statutory provision permits expungement of a criminal conviction where the offender has attained the age of seventy years and has been free from arrest or prosecution for at least ten years. Although appellant has remained free from arrest and/or prosecution for more than ten years, he is only thirty-six years of age. Therefore, he does not meet the statutory requirements for expungement.

[S]tate regulations bearing upon rights and classifications not . . . denominated [as fundamental or suspect] are subject to a relatively relaxed standard of judicial scrutiny, and will pass muster if the purpose of the classification bears some rational relation to a legitimate state purpose. San Antonio School District v. Rodrigues, 411 U.S. 1, 93 S.Ct. 1278, 36 L.Ed.2d 16 (1973). . . . The rational ...


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