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Messerschmidt v. Pennsylvania State Police

Subsequent to correction of petitioners' criminal records by Pennsylvania State Police (PSP), order of ALJ denying petitioners' applications for fees and expenses under the Costs Act affirmed because PSP's actions were substantially justified and did not rise to the level of an adversary adjudication; order denying petitioners' requests for expungement of "non-conviction data" affirmed because ALJ had no authority to order such expungement.

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Argued: June 7, 2001

Before this Court are the consolidated appeals of Franz Messerschmidt and John A. Atkins from orders of Administrative Law Judge (ALJ) Ronald Stanko, which denied their applications for fees and expenses under the Costs Act, *fn1 and denied their requests to correct criminal records.

On November 7, 1998, Messerschmidt attempted to purchase a firearm from a gun dealer in New Jersey; however, he was denied the right to purchase the weapon when an instant criminal record check indicated a prior criminal conviction.*fn2 The Pennsylvania State Police (PSP) had a criminal history record showing that Messerschmidt was found guilty of larceny in 1961 and that a fine, costs and restitution were imposed on him.*fn3 This criminal history was based on information printed on the back of fingerprint cards in PSP’s files. (Reproduced Record (R.R.) at 177a-178a; 189a-190a.) The fingerprint cards stated that Messerschmidt and an accomplice, John Atkins, were arrested for the crime of larceny on October 25, 1961, and that Messerschmidt and Atkins paid fines, costs, and restitution.

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