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14 Pennsylvania opinions name it 2 courts 2001–2021 1 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Carlacci v. Mazaleskigreen2 sentences2018See Charnik, 921 A.2d at 1219 (declaring that where “expungement [is] proper as a matter of law[,] … the Wexler balancing test [is] unnecessary”) (citing Carlacci, 798 A.2d at 191 ). 2018See Charnik , 921 A.2d at 1219 (declaring that where "expungement [is] proper as a matter of law [,] ... the Wexler balancing test [is] unnecessary") (citing Carlacci , 798 A.2d at 191 ). | 4 | 4 |
Commonwealth v. Charnikgreen2 sentences2019Court did not specifically cite Wexler; however, it cited Commonwealth v. Butler, 672 A.2d 806, 808-09 (Pa.Super. 1996), wherein this Court ruled that when faced with a request for expungement of a criminal record, the court must conduct a Wexler balancing test. -6- Charnik, 921 A.2d 1214, 1219 (Pa.Super. 2007). 2018See Charnik , 921 A.2d at 1219 (declaring that where "expungement [is] proper as a matter of law [,] ... the Wexler balancing test [is] unnecessary") (citing Carlacci , 798 A.2d at 191 ). | 3 | 3 |
Com. v. DMgreen2 sentences2007Just as we found it “improper to go behind a verdict of acquittal and purport to assess the strength of the prosecution’s case” in attempting to apply the first factor of the Wexler balancing test in a criminal expungement matter, see D.M., 695 A.2d at 772 , it is equally improper to assess the strength of a PFAA petition that has since been dismissed by court order before the plaintiff even attempted to meet its burden of proving the allegation of abuse contained in the PFAA petition, in attempting to apply the Wexler balancing test in a PFAA expungement matter. 2007It is not. ¶ 11 In D.M., the Pennsylvania Supreme Court reiterated the Wexler balancing test “as a means of deciding petitions to expunge the records of all arrests which are terminated without convictions except in cases of acquittals.” Id. at 772. | 2 | 4 |
Com. v. AMRgreen2 sentences2009Id. at 1270. ¶ 6 Appellant's issues essentially raise arguments concerning a failure by the trial *136 court to conduct a proper Wexler balancing test and a failure by the Commonwealth to meet its burden of showing that its interests in preserving Appellant's criminal record outweigh Appellant's right to be free from harm arising from the maintenance of those records. 2009Id. at 1270. ¶ 6 Appellant’s issues essentially raise arguments concerning a failure by the trial court to conduct a proper Wexler balancing test and a failure by the Commonwealth to meet its burden of showing that its interests in preserving Appellant’s criminal record outweigh Appellant’s right to be free from harm arising from the maintenance of those records. | 2 | 2 |
Commonwealth v. Maxwellgreen2 sentences2021When the Wexler balancing test applies, the Commonwealth is required “to bear the burden of affirmatively justifying why the arrest record should not be expunged.” Commonwealth v. Maxwell, 737 A.2d 1243, 1244 (Pa. Super. 1999) (citing Wexler, 431 A.2d at 880 ). 2001Thus, where the Wexler balancing test applies, the Commonwealth is required “to bear the burden of affirmatively justifying why the arrest record should not be expunged.” Maxwell, supra at 1244 . | 1 | 2 |
Commonwealth v. Butlergreen1 sentence2019Court did not specifically cite Wexler; however, it cited Commonwealth v. Butler, 672 A.2d 806, 808-09 (Pa.Super. 1996), wherein this Court ruled that when faced with a request for expungement of a criminal record, the court must conduct a Wexler balancing test. -6- Charnik, 921 A.2d 1214, 1219 (Pa.Super. 2007). | 1 | 1 |
Commonwealth v. Hannagreen1 sentence2015Commonwealth v. Hanna, 964 A.2d 923, 929 (Pa.Super. 2009). -6- J. | 1 | 1 |
Com. v. VAMgreen1 sentence2011V.A.M., 980 A.2d at 138 (dissenting opinion, Shogan, J.). | 1 | 1 |
Commonwealth v. D.M.green2 sentences2007Id. at 879. ¶ 14 In Commonwealth v. D.M., 548 Pa. 131 , 695 A.2d 770 (1997), the Court reiterated the Wexler balancing test “as a means of deciding petitions to expunge the records of all arrests which are terminated without convictions except in cases of acquittals.” Id. at 772. 2007Id. at 879. ¶ 14 In Commonwealth v. D.M., 548 Pa. 131 , 695 A.2d 770 (1997), the Court reiterated the Wexler balancing test “as a means of deciding petitions to expunge the records of all arrests which are terminated without convictions except in cases of acquittals.” Id. at 772. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Wexler
green
2 sentences2021When the Wexler balancing test applies, the Commonwealth is required “to bear the burden of affirmatively justifying why the arrest record should not be expunged.” Commonwealth v. Maxwell, 737 A.2d 1243, 1244 (Pa. Super. 1999) (citing Wexler, 431 A.2d at 880 ). 2015Wallace, 97 A.3d at 314 (citing Wexler, 431 A.2d at 879 ).5 In reaching its conclusion that an inmate has no right to petition for expungement, the Wallace Court essentially found that an individual’s incarcerated status was a dispositive factor under the Wexler balancing test. | 2 | 2015–2021 |
Commonwealth v. Wallace
green
2 sentences2016Wallace, 97 A.3d at 320 .5 ____________________________________________ 4 We observe that the Wexler balancing test applies only in cases such as this one where the Commonwealth terminates the charge without conviction or acquittal. 2015Wallace, 97 A.3d at 314 (citing Wexler, 431 A.2d at 879 ).5 In reaching its conclusion that an inmate has no right to petition for expungement, the Wallace Court essentially found that an individual’s incarcerated status was a dispositive factor under the Wexler balancing test. | 2 | 2015–2016 |