A county clerk of courts lacked standing to challenge a court’s administrative order instructing him to expunge the criminal records of defendants who successfully complete the Accelerated Rehabilitative Disposition program, a 6-1 en banc panel of the Commonwealth Court has ruled.
The majority in In re: Administrative Order No. 1-MD-2003, PICS Case No. 05-1485 (Pa. Commw. Sept. 13, 2005) Colins, P.J.; Leavitt, J., dissenting (15 pages), found that Berks County Clerk of Courts James P. Troutman “plays only ‘a ministerial part’ in the expungement procedures, which is not enough to confer standing.”
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