Commonwealth v. Furrer
48 A.3d 1279
Pa. Super. Ct.2012Background
- Appellant was charged with multiple offenses including aggravated assault, possession of instruments of crime, recklessly endangering another person, disorderly conduct, underage drinking, and simple assault.
- Plea negotiations resulted in Appellant pleading guilty to simple assault and underage drinking, with other charges dismissed.
- Appellant received one year probation for simple assault and paid a $300 fine for underage drinking.
- In spring 2011, Appellant petitioned for expungement of all criminal history, including dismissed and guilty counts; Commonwealth objected.
- The trial court granted expungement for the dismissed charges but denied expungement for the counts to which Appellant pled guilty; this appeal followed.
- Rule 1925 issues were properly preserved; the appellate court reviews expungement decisions for abuse of discretion and statutory interpretation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether expungement of the underage drinking conviction was mandatory. | Furrer—§9122(a)(3) requires expungement after sentence terms are satisfied. | Commonwealth—expungement is not mandatory for all convictions; discretion applies. | Yes; under §9122(a)(3), expungement of the underage drinking conviction was mandatory. |
| Whether the simple assault conviction could be expunged under discretionary grounds. | Furrer argues discretionary grounds apply as expungement is permitted. | Commonwealth contends simple assault is not a summary offense and not eligible under discretionary expungement. | No; discretionary expungement does not apply to a simple assault conviction. |
Key Cases Cited
- Hunt v. Pennsylvania State Police, 603 Pa. 156, 983 A.2d 627 (Pa. 2009) (expungement statute governs, with court discretion under statute)
- Commonwealth v. Wallace, 45 A.3d 446 (Pa. Super. 2012) (expungement depends on manner of disposition; limited statutory grounds)
- Commonwealth v. Moto, 611 Pa. 95, 23 A.3d 989 (Pa. 2011) (analysis of expungement standards for convicted individuals)
- Carlacci v. Mazaleski, 568 Pa. 471, 798 A.2d 186 (Pa. 2002) (due process right to petition for expungement; very limited statutory grounds after conviction)
- Commonwealth v. George, 38 A.3d 893 (Pa. Super. 2012) (treats guilty plea as conviction for expungement purposes)