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Commonwealth v. Giulian

Superior Court of Pennsylvania

February 23, 2015

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
VICTORIA C. GIULIAN, Appellant

Argued December 10, 2014.

Appeal from the Order of the Court of Common Pleas, Centre County, Criminal Division, No. CP-14-MD-0000836-2013. Before LUNSFORD, J.

Jason S. Dunkle, State College, for appellant.

Adam L. Morris, Assistant District Attorney, Bellefonte, for Commonwealth, appellee.

Before FORD ELLIOTT, P.J.E., SHOGAN, J., and STABILE, J. OPINION BY SHOGAN, J.

OPINION

Page 202

SHOGAN, J.:

Appellant, Victoria C. Giulian, appeals from the April 30, 2014 order that denied her petition for expungement. For the reasons that follow, we affirm.

In 1997, Appellant pled guilty to the summary offenses of underage drinking, harassment, and public drunkenness (" the 1997 offense" ). In a separate matter, nearly one year later, Appellant pled guilty to the summary offense of criminal mischief (" the 1998 offense" ).

On May 8, 2013, Appellant filed petitions to expunge both the 1997 offense and the 1998 offense. The Centre County District Attorney objected to the expungement of the 1997 offense. The objection was based on the fact that Appellant had been arrested and pled guilty to the 1998 offense; thus, she had not remained arrest or prosecution free for the five years following her conviction for the 1997 offense as required by 18 Pa.C.S. § 9122(b)(3)(i).[1] On June 24, 2013, the trial court granted Appellant's petition to expunge the 1998 offense because Appellant had been free from arrest or prosecution following that

Page 203

conviction. However, following a hearing and an opportunity to brief the issue, the trial court denied Appellant's petition to expunge the 1997 offense in an order filed on April 30, 2014. This timely appeal followed.

On appeal, Appellant raises one issue for this Court's consideration:

Did the trial court commit an error of law in finding that [Appellant] was not statutorily eligible to have her summary convictions expunged pursuant to 18 Pa.C.S.A. ยง 9122(b)(3) despite the fact that [Appellant] has been free of arrest and ...

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