WESTMORELAND COUNTY Adoption of Rules of Criminal Procedure WC119 and WC319; No. 2 Civil 2004 [34 Pa.B. 2706] Order And Now, this 4th day of May, 2004, It Is Hereby Ordered that Rules of Criminal Procedure WC119 and WC319 and associated Expungement Petitions and Or-ders are adopted effective thirty days after publication of this Order in the Pennsylvania Bulletin.
By the Court
DANIEL J. ACKERMAN,
President JudgeWC119 Expunging Criminal Records
(a) Expungement under ''The Controlled Substance, Drug, Device and Cosmetic Act,'' 35 P. S. §§ 780-1 et. seq.
(1) Pursuant to 35 P. S. § 780-119, the criminal records for any individual charged under The Controlled Substance, Drug, Device and Cosmetic Act who is subsequently found not guilty or for whom the charges are withdrawn or dismissed may apply for expungement of records by filing a Petition for Expungement of Criminal Records (Non ARD) found in the Forms section of these local rules.
(2) The Westmoreland County Adult Probation and Parole Department shall initiate a Petition to Expunge records associated with a Probation Without Verdict Order when the defendant completes the program. The form shall be routed to the Westmoreland County District Attorney for certification, and forwarded by the district attorney to the court for the purpose of signing an order.
(b) Expungement under ''The Criminal History Record Information Act,'' 18 Pa.C.S.A. §§ 9101 et. seq.
(1) Petitions for Expungement of criminal history record information pursuant to 18 Pa.C.S.A. § 9122, shall be initiated when the defendant files a Petition and Order for Expungement of Criminal Records (Non ARD) found in the Forms section of these local rules, or by filing a petition containing the information required under Pa.R.Crim.P. 722.
(2) The clerk of courts shall provide the Westmoreland County District Attorney and the Westmoreland County Court Administrator with a copy of the Petition.
(3) The court administrator will forward the expungement petition and order to the trial judge thirty (30) days after the defendant files the petition. The court will direct the court administrator to schedule argument 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 criminal history record.
WC319 Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program
(a) Petitions for dismissal of charges and expungement of records pursuant to successful completion of the ARD program are found in the Forms section of these local rules. The probation and parole officer shall notify the defendant when the conditions of the ARD have been satisfied, and shall advise the defendant of the opportunity to file for dismissal of charges and expungement of the record.
(b) All other petitions for expunging criminal records shall be pursuant to WC119.
IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA CRIMINAL ) Commonwealth of Pennsylvania ) No. Vs. ) ) PETITION AND ORDER FOR EXPUNGEMENT OF CRIMINAL RECORDS (NON ARD) 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) ____ No disposition of charges within 18 months of arrest Pursuant to 18 Pa.C.S.A. § 9122(a)(1) ____ Nonconviction of charges
Pursuant to 18 Pa.C.S.A. § 9122(a)(2)____ Petitioner has reached 70 years of age and Qualifies pursuant to 18 Pa.C.S.A. § 9122(b)(1) ____ Petitioner has been found ''not guilty'' or charges have Been withdrawn or dismissed pursuant to 35 P. S. § 780-119 ____ Petitioner's Name ______ Date of Birth __________
Address __________
__________Telephone Number ______
Social Security Number ______
OTN ______ Common Pleas Case Number __________
Magisterial District No. ______
District Justice Case Number ______
Arresting Agency ______ Date of Arrest __________
List ALL charges at the above Common Pleas Case Number including Section and Subsection, and the disposition. Include a copy of the Court Order for disposition.
Charge: Disposition:
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__________The expungment of the within criminal record will not prejudice the position of the Commonwealth.
WHEREFORE, Petitioner, respectfully requests this Honorable Court to order the expungment of all records pertaining to the aforementioned charges, wherever they may be located and whoever may retain them.
VERIFICATION: The undersigned Petitioner avers that the statements of fact combined in this Petition for Expungment are true and correct to the best of the petitioner's knowledge, information, and belief, and are made subject to the penalties of 18 PaC.S.A. § 4904 relating to unsworn falsification to authorities.
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Petitioner's Signature DateIN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA ) Commonwealth of Pennsylvania ) No. Vs. ) ) ORDER AND NOW this _____ day of ______ 20 ____ , the attached Petition having been presented for expungement, and there being no objection filed by the Commonwealth, it is ORDERED that the Clerk of Courts shall serve a certified copy of this Order and Petition, hereby incorporated as a part of this Order, and a Certification of Expungement upon the following persons, the keepers of records pertaining to the above captioned criminal proceedings: District Attorney's Office, Clerk of Courts, Westmoreland County Records and Identification Division, Adult Probation/Parole Office, Pennsylvania State Police, Court Administrator's Office, F.B.I., Prothonotary, the Issuing Authority, Arresting Agency, and all Court Reporters who may have taken proceedings in this case.
It is ORDERED that the aforementioned keepers of criminal records shall expunge and destroy the official and unofficial arrest and other criminal records, files 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 Court within 30 days an affidavit stating that the mandates of this Order have been fulfilled. The Clerk of Courts, upon receipt of an affidavit, shall seal and impound such affidavit together with the information, the complaint, and the original and all copies of this Order. No person or agency shall be permitted to examine such documents without a Court Order.
BY THE COURT:
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ATTEST:
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IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA CRIMINAL ) Commonwealth of Pennsylvania ) No. vs. ) ) PETITION TO EXPUNGE, CERTIFICATION OF SUCCESSFUL COMPLETION OF PWOV, AND ORDER OF COURT PETITION AND CERTIFICATION I, the undersigned, hereby petition the court to dismiss the charges against the above defendant and I certify that he/she has not previously had charges expunged, and that the defendant has successfully completed probation without verdict for the below period of probation, and qualifies for expungement as provided by 35 Pa.C.S.A. § 780-119.
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Director, Adult Probation/Parole Office DateNotice of filing of this application has been served on the District Attorney of Westmoreland County. The District Attorney's Office [ ] has no objection, [ ] objects to the application for dismissal and expungement. (The district attorney shall forward a copy to the court administrator in all cases in which objections are raised.)
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Attorney for the Commonwealth DateCASE/DEFENDANT INFORMATION Defendant Name ______ Date of Birth __________
Social Security Number ______ OTN __________
CP Docket Nr ______ Court Reporter __________
Magisterial District Nr. 10 - - DJ Docket Number __________
Date of Arrest ______ Arresting Agency __________
The following charges are to be expunged for successful completion of PWOV:
Charge: Disposition:
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___________________________ __________
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__________rev. 4/04
IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA--CRIMINAL ) Commonwealth of Pennsylvania ) No. vs. ) ) ORDER AND NOW this _____ day of ______ 20 ____ , the within application having been presented pursuant to 35 Pa.C.S.A. § 780-119, and there being no objection filed by the Commonwealth, it is ORDERED that the defendant is discharged on the charges listed above and set forth at the above number(s). It is further ORDERED that the Clerk of Courts shall serve a Certified Copy of this Order and Petition, hereby incorporated as a part of this Order, and a Certification of Expungement upon the following persons, the keepers of records pertaining to the above captioned criminal proceedings: District Attorney's Office, Clerk of Courts, Westmoreland County Records and Identification Division, Adult Probation/Parole Office, Pennsylvania State Police, Court Administrator's Office, F.B.I., Prothonotary, the Issuing Authority, Arresting Agency, and all Court Reporters who may have taken proceedings in this case.
It is ORDERED that the aforementioned keepers of criminal records shall expunge and destroy the official and unofficial arrest and other criminal records, files 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 Court within 30 days an affidavit stating that the mandates of this Order have been fulfilled. The Clerk of Courts, upon receipt of an affidavit, shall seal and impound such affidavit together with the information, the complaint, and the original and all copies of this Order. No person or agency shall be permitted to examine such documents without a Court Order. Pursuant to 35 Pa.C.S.A. §§ 780-117, the Westmoreland County District Attorney may retain the name of this defendant on a list for the purpose of determining future eligibility.
BY THE COURT:
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ATTEST:
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APPLICATION FOR AN ORDER TO DISMISS AND EXPUNGE CHARGES UNDER 35 PA.C.S.A. § 780-119 Commonwealth of Pennsylvania ) ) vs. ) No. ) ) The following charges are to be expunged:
Charge: Disposition:
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__________IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA CRIMINAL ) Commonwealth of Pennsylvania ) No. Vs. ) ) APPLICATION FOR AN ORDER TO DISMISS AND EXPUNGE CHARGES UNDER PA. RULES OF CRIMINAL PROCEDURE 319 AND 320 Defendant Name ______ Date of Birth __________
I, the above named defendant aver that I have satisfactorily completed the program prescribed, and request that the charges at the above numbered case be dismissed and expunged.
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Defendant's Signature Date Social Security NumberSworn to and subscribed
This _____ day or ______ , 20 __ . ______
Notary__________
This Section is to be completed by the Probation Department.
OTN ______ CP Docket Nr __________
Magisterial District Nr. ______ DJ Docket Nr __________
Court Reporter ______ Date of Arrest __________
Arresting Agency __________
The following charges are to be expunged for successful completion of ARD:
Charge: Disposition:
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___________________________
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__________Rev. 4/19/04
CERTIFICATION I hereby certify that the defendant has satisfactorily completed the A.R.D. program.
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Director, Adult Probation/Parole Office DateNotice of filing of this application has been served on the District Attorney of Westmoreland County. The District Attorney's Office [ ] has no objection, [ ] objects to the application for dismissal and expungement. (The district attorney shall forward a copy to the court administrator in all cases in which objections are raised.)
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Attorney for the Commonwealth DateORDER AND NOW this _____ day of ______ 20 ____ , the within application having been presented pursuant to Pa Rules of Criminal Procedure 319 and 320, and there being no objection filed by the Commonwealth, it is ORDERED that the defendant is discharged on the charges set forth at the above number(s). It is further ORDERED that the Clerk of Courts shall serve a certified copy of this order and a Certification of Expungement upon the following persons, the keepers of records pertaining to the above captioned criminal proceedings: District Attorney's Office, Clerk of Courts, Westmoreland County Records and Identification Division, Adult Probation/Parole Office, Pennsylvania State Police, Court Administrator's Office, F.B.I., Prothonotary, the Issuing Authority, Arresting Agency, and all Court Reporters who may have taken proceedings in this case.
It is ORDERED that the aforementioned keepers of criminal records shall expunge and destroy the official and unofficial arrest and other criminal records, files 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 Court within 30 days an affidavit stating that the mandates of this Order have been fulfilled. The Clerk of Courts, upon receipt of an affidavit, shall seal and impound such affidavit together with the information, the complaint, and the original and all copies of this Order. No person or agency shall be permitted to examine such documents without a Court Order, however, the district attorney may retain such information as is necessary to document that the within defendant was granted ARD.
BY THE COURT:
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APPLICATION FOR AN ORDER TO DISMISS AND EXPUNGE CHARGES UNDER PA. RULES OF CRIMINAL PROCEDURE 319 AND 320 Commonwealth of Pennsylvania ) ) vs. ) No. ) ) The following charges are to be expunged for successful completion of ARD:
Charge: Disposition:
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__________[Pa.B. Doc. No. 04-902. Filed for public inspection May 21, 2004, 9:00 a.m.]
