1999 Pa. Super. 205 - Commonwealth v. Maxwell’s Empirical Analysis

Citation profile

14 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “§ 9122. Expungement (a) Specific proceedings. — Criminal history record information shall be expunged in a specific criminal proceeding when: (1) No disposition has been received or, upon request for criminal history information, no disposition has been recorded in the repository within 18 months after the date of arrest and the court of proper jurisdiction certifies to the director of the repository that no disposition is available and that no action is pending. Expungement shall not occur until the certification from the court is received and the director of the repository authorizes such expungement; or (2) A court order requires that such nonconviction data be expunged. (b) Generally. — Criminal history record information may be expunged when: (1) An individual who is the subject of the information reaches 70 years of age and has been free of arrest prosecution for ten years following final release from confinement or supervision; or (2) An individual who is the subject of the information has been dead for three years. (c) Maintenance of certain information required or authorized. — Notwithstanding any other provision of this chapter, the prosecuting attorney and the central repository shall, and the court may, maintain a list of names and other criminal history record information of persons whose records are required by law or court rule to be expunged where the individual has successfully completed the conditions of any pretrial or post-trial diversion or probation prog”

   3 later decisions quote this exact passage
   e.g. 2009 Pa. Super. 156 - Commonwealth v. V.A.M. · 2001 Pa. Super. 331 - Commonwealth v. Lutz

2. “Individuals have the right, as an adjunct to due process, to seek expungement of their criminal records which can be effectuated through a hearing.[...] Punishment of the innocent is the clearest denial of life, liberty and property without due process of law. To remedy such a situation, an individual must be afforded a hearing to present his claim that he is entitled to an expungement— that is, because an innocent individual has a right to be free from unwarranted punishment, a court has the authority to remedy the denial of that right by ordering expungement of the arrest record.”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Wallace