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COMMONWEALTH PENNSYLVANIA v. MARK A. COOK. APPEAL COMMONWEALTH PENNSYLVANIA (12/16/86)

filed: December 16, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
MARK A. COOK. APPEAL OF COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA STATE POLICE



Appeal from the Order entered in the Court of Common Pleas of Montgomery County, Criminal Division, No. 921-78

COUNSEL

Joanna N. Reynolds, Harrisburg, for appellants.

Dina M. Eagan, Willow Grove, for Cook, appellee.

McEwen, Del Sole and Tamilia, JJ. Del Sole, J., concurring opinion.

Author: Tamilia

[ 359 Pa. Super. Page 217]

This is an appeal from an Order of the trial court which denied appellant's Petition for Reconsideration and Rescission of the Expungement Order. On September 12, 1978, appellee Mark A. Cook pled guilty to a charge of criminal conspiracy to commit burglary and was sentenced to five (5) years probation.

On January 12, 1983, the lower court, having been advised that appellee had fully complied with the conditions of his probation, granted appellee's petition for early termination of probation. On October 2, 1985, appellee filed a petition to expunge the fingerprints, photographs, photographic plates and record of arrest pertaining to the prior criminal action. The same day, a copy of appellee's petition to expunge was served on the District Attorney's office and the court then entered a rule upon the Commonwealth to

[ 359 Pa. Super. Page 218]

    show cause why appellee's petition to expunge should not be granted. A Rule Returnable date was set for October 29, 1985.

The District Attorney's office did not oppose appellee's petition and no answer was filed as of the return date. On October 31, 1985, the court entered an Order granting appellee's petition to expunge, copies of which were sent to appellee's counsel and the District Attorney's office. The Commonwealth took no appeal from this Order.

On December 27, 1985, appellant, the Pennsylvania State Police, filed a Petition for Reconsideration and Rescission of the Expungement Order. A hearing was held on the matter, and on March 4, 1986, the court entered an Order denying appellant's petition. This appeal followed.

Appellant now contends that the appellee was required to notify the Pennsylvania State Police of his petition for expungement of criminal records. Appellant further argues that the court did not have the authority to expunge appellee's record of conviction even if the district attorney did not oppose the expungement.

Initially, we find no legal authority to support the lower court's Order granting expungement of appellee's conviction record. The Criminal History Record Information Act, 18 Pa.C.S.A. ยง 9101 et seq., specifically ...


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