Commonwealth v. Butler

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.

On July 22, 1993 Appellant was arrested for the 1989 murder 1 of Eric Abney, as well as possessing an instrument of crime (PIC), 2 and on November…