901 Adoption of juvenile rule WJUV 1; no. 2 civil of 2004

WESTMORELAND COUNTY

Adoption of Juvenile Rule WJUV 1; No. 2 Civil of 2004

[34 Pa.B. 2705]

Order

   And Now, this 3rd day of May, 2004, It Is Hereby Ordered that Westmoreland County Rule of Juvenile Procedure WJUV1 and accompanying Petition And Order for Expungement of Juvenile Records are hereby adopted. The effective date of this Order is July 1, 2004.

By the Court

DANIEL J. ACKERMAN,   
President Judge

WJUV 1  Expunging Juvenile Records

   Expungement under ''The Criminal History Record Information Act,'' 18 Pa.C.S.A. §§ 9101 et. seq.

   (a)  Petitions for Expungement of juvenile records pursuant to 18 Pa.C.S.A. §  9123, shall be initiated by the defendant's filing of a Petition and Order for Expungement of Juvenile Records found in the Forms section of these local rules, or by filing a petition containing the information required under Pa.R.Crim.P. 722.

   (b)  The Clerk of Courts shall provide the Westmoreland County District Attorney and the Westmoreland County Juvenile Probation and Parole Department with a copy of the Petition.

   (c)  The juvenile probation and parole department will forward the expungement petition and order to the court thirty (30) days after the defendant files the petition. The Court will direct that argument be scheduled on the Petition if the Commonwealth files an objection within thirty (30) days of the filing of the petition; otherwise, the court will Order expungement of the juvenile record.

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY,
PENNSYLVANIA--JUVENILE

	)
Commonwealth of Pennsylvania	)	No.
Vs.	)
	)

PETITION AND ORDER FOR EXPUNGEMENT OF JUVENILE RECORDS

AND NOW this                  day of                     , 20      

the Petitioner avers the following and requests that an expungment be granted for the following reason:

Governor's Pardon (Copy attached)	____
An unsubstantiated complaint was filed or the    complaint was Dismissed by the court 18    Pa.C.S.A. § 9123(a)(1)	____
Six months have elapsed since the final    discharge from supervision Pursuant to a    consent degree 18 Pa.C.S.A. § 9123(a)(2)	____
Five years have elapsed since discharge from    commitment, placement, Probation or other    disposition under the terms in 18 Pa.C.S.A.    § 9123(a)(3)	____
The individual is 18 years of age or older, the    Commonwealth consents And the Court orders    expungement after consideration of the Terms    found at 18 Pa.C.S.A. § 9123(a)(4)	____
The petitioner is at least 21 years of age and    wishes to have records of Dependency    adjudication expunged pursuant to 18    Pa.C.S.A. § 9123(c).	____

Petitioner's Name ______ Telephone Number __________

Petitioner's Date of Birth ______

Social Security Number ______

Petitioner's Address __________
_________________

Petitioner's Telephone Number ______

Petitioner's Juvenile Case Number ______

Original Complaint Date _________________

List ALL charges at Above Juvenile Case Number including Section, subsection and complaint number, and the disposition. Include a copy of the Court Order for disposition.

   Charge:                                             Disposition:

_________________ 
 __________

_________________ 
 __________

_________________ 
 __________

_________________ 
 __________

Disposition Date of Above Charges ______

The expungement of the within juvenile record will not prejudice the position of the Commonwealth.

WHEREFORE, petitioner, respectfully requests this Honorable Court to order the expungement of all records pertaining to the aforementioned charges, wherever they may be located and by whom they may be retained.

                              Respectfully submitted,

                              _________________
                              Petitioner's Signature

VERIFICATION

The undersigned, petitioner, avers that the statements of fact contained in the foregoing PETITION FOR EXPUNGEMENT, are true and correct to the best of the petitioner's knowledge, information and belief, and are made subject to the penalties of 18 PA. C.S.A. Section 4904 relating to unsworn falsification to authorities.

_________________ 
 __________
Petitioner's Signature                                Date

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY PENNSYLVANIA JUVENILE DIVISION

COMMONWEALTH OF PENNSYLVANIA	)
	)
VS	)	Number
	)
	)

ORDER OF COURT

AND NOW, this _____ day of ______ , 20 __ ,
the Commonwealth having filed objections to the Defen-
dant's Petition for Expungement of Juvenile Records in
the above captioned case it is HEREBY ORDERED that a
hearing on the petition be held on the ______ day of
_________________ , 20 __ , at _____ m. in
Courtroom # _____ of the Westmoreland County Court-
house.

                                    BY THE COURT:

                                    _________________ J.

ATTEST:

_________________

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY PENNSYLVANIA JUVENILE DIVISION

COMMONWEALTH OF PENNSYLVANIA	)
	)
VS	)	Number
	)
	)

ORDER OF COURT

AND NOW, this _____ day of ______ , 20 __ ,
the within petition having been presented and there being no objections by the Commonwealth, it is ORDERED that the Clerk of Courts shall serve a copy of this Order and attached Petition, hereby incorporated as a part of this Order, and a Certification of Expungement upon the following persons, keepers of records pertaining to the above-captioned proceedings:

Clerk of Courts of Westmoreland County
Pennsylvania State Police Central Repository
Federal Bureau of Investigation
Magistrate ______
Police Department ______
Westmoreland County Juvenile Service Center
Westmoreland County District Attorney
Westmoreland County Juvenile Probation
Westmoreland County Prothonotary

IT IS ALSO ORDERED, that the aforementioned keepers of juvenile records shall expunge and destroy the official and unofficial arrest and other criminal records, files, computer records, and other documents pertaining to the captioned proceedings, and that each shall request the return of such records which its agency made available to state or federal agencies, and immediately upon receipt thereof shall destroy such records.

IT IS FURTHER ORDERED, that said keepers of such records shall file with the Clerk of Court within 30 days an affidavit stating that the mandate of this order have been fulfilled. The Clerk of Court, upon receipt of an affidavit, shall seal and impound such affidavit together with the information complaint and the original and all copies of this order, and no person or agency shall be permitted to examine such documents without Order of the Court.

                                    BY THE COURT:

                                    _________________ J.

ATTEST:

_________________

[Pa.B. Doc. No. 04-901. Filed for public inspection May 21, 2004, 9:00 a.m.]