153 A.3d 1084
Pa. Super. Ct.2017Background
- Appellant John Romeo (b. 1954) filed a pro se petition (later represented) to expunge a 1983 third‑degree felony criminal trespass conviction; other counts from the 1983 arrest were nolle prossed and a separate misdemeanor offensive‑weapons conviction was not at issue.
- Petition emphasized 32+ years of post‑conviction law‑abiding conduct and asserted ongoing harms (employment, voting, jury service, public office).
- The trial court held a hearing on December 18, 2015; defense acknowledged no statutory basis for expunging a conviction but invoked constitutional due process to request a balancing hearing.
- The Commonwealth opposed expungement, noting the absence of statutory authority and the seriousness of the underlying conduct.
- The trial court denied the petition; Romeo appealed, arguing (1) he was entitled to a Malone/Wexler balancing hearing under due process to expunge a conviction, and (2) the trial court’s order showed an inexplicable clerical change ("granted" struck and replaced with "denied").
- The Superior Court affirmed, holding (a) precedent bars applying the Wexler/Malone balancing test to convictions, and (b) the altered judgment line was a clerical correction, not reversible error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether due process requires a Wexler/Malone-style balancing hearing to expunge a conviction record | Romeo: Due process entitles him to a balancing hearing given long passage of time and hardship from the conviction | Commonwealth: No statutory or constitutional basis; existing precedent distinguishes convictions from non‑conviction records | Denied — binding precedent (Magdon, Malone) precludes applying the balancing test to convictions; statutory scheme governs expungement of convictions |
| Whether the trial court’s altered order ("granted" crossed out; "denied" inserted) requires vacatur/remand | Romeo: The change is inexplicable and warrants vacatur and a new hearing | Commonwealth/Trial Ct.: Change was a clerical correction reflecting the court’s intent; no prejudice | Denied — court corrected a clerical error; claim waived for lack of developed argument |
Key Cases Cited
- Commonwealth v. Malone, 366 A.2d 584 (Pa. Super. 1976) (recognizes right to petition to expunge arrest records and prescribes balancing test)
- Commonwealth v. Wexler, 431 A.2d 877 (Pa. 1981) (endorses balancing individual harm against Commonwealth interest for non‑conviction records)
- Commonwealth v. D.M., 695 A.2d 770 (Pa. 1997) (acquittal entitles petitioner to automatic expungement of arrest record)
- Commonwealth v. Magdon, 456 A.2d 194 (Pa. Super. 1983) (holds Malone/Wexler balancing test does not apply to convictions)
- Hunt v. Pennsylvania State Police, 983 A.2d 627 (Pa. 2009) (statutory limits control expungement of convictions)
- Commonwealth v. Moto, 23 A.3d 989 (Pa. 2011) (discusses standards for expungement petitions and precedent)