In re Expungement for Kearney

CALABRIA, Judge.

The State appeals Gerald Walker Kearney, Jr.'s ("respondent") 15 March 1994 expungement order and 7 May 2004 order denying reconsideration of the order for expungement.1 We reverse in part, affirm in part, and remand.

Respondent was charged with assault and battery and misdemeanor assault inflicting serious injury on 18 March 1990. On May 18, 1990, defendant was convicted of misdemeanor assault inflicting serious injury and the charge of assault and battery was dismissed.

Judge William H. Freeman ("Judge Freeman") signed an order to expunge both offenses, the assault and battery…