COM. v. BUTLER


448 Pa.Super. 582 (1996)

672 A.2d 806

COMMONWEALTH of Pennsylvania v. James E. BUTLER, Appellant.

Superior Court of Pennsylvania.

Filed March 1, 1996.


Attorney(s) appearing for the Case

Benjamin Paul, Philadelphia, for appellant.

Jonathan Levy, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before KELLY and HOFFMAN, JJ., and MONTEMURO, J., Assigned.


MONTEMURO, Judge.

This is an appeal from the Opinion and Order of the Court of Common Pleas of Philadelphia County denying Appellant's petition for expungement. After a review of the record and the appropriate factors, we find that the trial court improperly relied on evidence surrounding Appellant's prior expunged arrest to determine that the Commonwealth had a compelling interest in maintaining Appellant's arrest record. Accordingly, we reverse.

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