D.F. Dowd, Jr. v. D.J. Rossi, Esq.
2113 C.D. 2016
| Pa. Commw. Ct. | Sep 1, 2017Background
- Petitioner Donald F. Dowd, Jr. (pro se) challenged the accuracy of his criminal history record under CHRIA, claiming clerical alterations and that the trial court lacked jurisdiction over his 1973 convictions for first‑degree murder and criminal conspiracy.
- Dowd asserted the docket was altered to list crimes under a Crimes Code section enacted after his trial, that the clerk and court committed fraud, and sought correction, notice to agencies, and an affidavit that no valid judgment of sentence existed.
- Respondent Dominic J. Rossi, Philadelphia Deputy Court Administrator, reviewed the dockets and determined they were correct; Dowd appealed to the Office of Attorney General (OAG).
- An ALJ conducted a de novo hearing, found the court records and sentencing documentation accurately reflected Dowd’s convictions, and denied relief, concluding CHRIA does not permit collateral attack on underlying convictions.
- The Commonwealth Court affirmed, holding CHRIA challenges are limited to factual accuracy of records and cannot be used to relitigate jurisdictional or substantive defects in the underlying criminal proceedings; computerized docket formatting changes do not invalidate a conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CHRIA allows collateral attack on validity of underlying conviction/judgment | Dowd: docket alterations and omissions show trial court lacked subject‑matter jurisdiction and no valid judgment exists | Rossi/OAG: CHRIA review limited to record accuracy; underlying conviction validity must be raised in criminal courts | Denied — CHRIA cannot be used to attack validity of underlying criminal proceedings; conviction stands |
| Whether clerk’s alleged docket alterations render criminal history inaccurate | Dowd: CPCMS entries and a new docket/statute listing show fraud/alteration making record incomplete/inaccurate | Rossi: court records, sentencing sheet, and commitment orders substantiate conviction; CPCMS formatting does not change substance | Denied — entries accurately reflect conviction; clerical/database updates do not invalidate judgment |
| Burden of proof and due process in CHRIA appeal | Dowd: Rossi failed to prove accuracy and violated due process/equal protection | Rossi/OAG: burden follows CHRIA and ALJ found records supported accuracy; Dowd’s proffered evidence did not undermine validity | Denied — ALJ’s factual findings supported by records; no constitutional violation shown |
| Whether CHRIA authorizes relief (e.g., expungement/affidavit of no judgment) | Dowd: sought corrections, notice to agencies, and affidavit negating judgment | Rossi/OAG: CHRIA ensures accuracy of criminal history information, not erasure of valid convictions | Denied — relief improper under CHRIA; expungement/collateral relief unavailable here |
Key Cases Cited
- Commonwealth v. Dowd, 372 A.2d 705 (Pa. 1977) (affirming conviction and upholding admissibility of victim’s dying declarations)
- Commonwealth v. Polimeni, 378 A.2d 1189 (Pa. 1977) (explaining Crimes Code classification of homicide and correspondence to prior law)
- Commonwealth v. Riggins, 386 A.2d 520 (Pa. 1978) (discussing sufficiency of evidence where dying declaration corroborates identity)
- Clark v. Pennsylvania State Police, 760 A.2d 1202 (Pa. Cmwlth. 2000) (CHRIA cannot be used to collaterally attack valid convictions)
- Dunbar v. Pennsylvania, 902 A.2d 1002 (Pa. Cmwlth. 2006) (scope of CHRIA limited to accuracy of criminal history records)
- Joseph v. Glunt, 96 A.3d 365 (Pa. Super. Ct.) (a valid record of imposition of sentence can justify detention even without a written sentencing order)