HomeMy WebLinkAboutCP-21-CR-0000777-1991
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
: CP-21-CR-0777-1991
WALTER JAMES KEIM, JR. : CP-21-CR-1087-1991
IN RE: MEMORANDUM OPINION AND ORDER OF COURT
Masland, J., November 27, 2012:--
Before the court is the Defendant’s pro se Petition seeking expungement
of the following charges: Burglary (18 Pa.C.S. Section 3502), Criminal Trespass
(18 Pa.C.S. Section 3503(a)(1)(ii)), and Conspiracy (18 Pa.C.S. Section 903).
Defendant seeks this relief for the following reasons: “Security clearance for job;
coaching for daughter’s softball; [and] den & scout leader for son’s boy scouting.”
On October 29, 1991 the Defendant tendered a plea of guilty before the
Honorable Edgar B. Bayley to the aforesaid count of Burglary “in full satisfaction
of all charges at that term and number.” In its answer to the Petition, the
Commonwealth asserts, in essence, that it never expressly or implicitly made an
admission that it had insufficient evidence to convict the Defendant on the
dismissed charges nor was expungement part of the plea agreement. The
Commonwealth further notes that because Burglary is a felony it is not eligible for
expungement. Therefore, even if the court was inclined to expunge the charges
that were dismissed, the Defendant would still have a felony Burglary on his
criminal record, which in and of itself would defeat the reasons for or benefit of
his petition. Moreover, because our review of the record and the
Commonwealth’s answer satisfies the court that expungement is not appropriate
CP-21-CR-0777-1991
CP-21-CR-1087-1991
for any of the charges, we decline to schedule a hearing and enter the following
order.
ORDER OF COURT
AND NOW, this day of November, 2012, Defendant’s Petition
DENIED.
for Expungement is
By the Court,
Albert H. Masland, J.
Matthew P. Smith, Esquire
Assistant District Attorney
Walter James Keim, Jr.
204 Downing Place
Mechanicsburg, PA 17050
:sal
-2-
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
: CP-21-CR-0777-1991
WALTER JAMES KEIM, JR. : CP-21-CR-1087-1991
ORDER OF COURT
AND NOW, this day of November, 2012, Defendant’s Petition
DENIED.
for Expungement is
By the Court,
Albert H. Masland, J.
Matthew P. Smith, Esquire
Assistant District Attorney
Walter James Keim, Jr.
204 Downing Place
Mechanicsburg, PA 17050
:sal