News

Supreme Court Begins Expungement Process for JuvenileAdjudications in Luzerne County

May 05, 2009

HARRISBURG, May 5, 2009 - The Supreme Court of Pennsylvania today issued instructions for qualified individuals to obtain copies of Luzerne County Juvenile Court records prior to the court-approved expungement of those records. The court's action applies to juveniles who are eligible, under a March 26, 2009 Supreme Court order, to have the adjudication of their cases vacated and their records expunged. These cases, involving minor offenses, were heard in Luzerne County Juvenile Court by former Judge Mark A. Ciavarella between 2003 and 2008. The expungement of a record effectively wipes the slate clean by removing all public references to a court proceeding in dockets or files. An estimated 800 juveniles will be affected by this unusual process which has been prompted by the Supreme Court's expressed intent to correct a "travesty of juvenile justice" in Luzerne County. Ciavarella and former Senior Judge Michael T. Conahan have pleaded guilty to federal fraud and tax charges in connection with kickbacks they received relating to the construction of two private juvenile detention centers. The Supreme Court on February 11, 2009, appointed Senior Judge Arthur E. Grim, the former president judge of Berks County and chairman of the state Juvenile Court Judges' Commission, as Special Master to conduct a comprehensive review to determine if Luzerne County juveniles were improperly committed to detention centers or denied their constitutional right to counsel in cases before Ciavarella. The court on March 26 adopted and approved Judge Grim's First Interim Report and Recommendation which advocated that cases of juveniles who had appeared before Ciavarella on minor charges, without legal representation, be vacated and the records be expunged. The court authorized Grim to vacate the adjudications and expunge the records "as expeditiously as possible." In its action today, the Supreme Court issued a notice stating that eligible juveniles, their parents, guardians or legal representatives may request copies of juvenile records by writing to the Special Master no later than June 1, 2009. The request must state the juvenile's full name and birth date and explain what records are being requested and the reason for the request. Requests are to be mailed to: Honorable Arthur E. Grim Berks County Courthouse Senior Judges' Chambers 633 Court Street Reading, Pa. 19601-3540 The court's notice said that after June 1, 2009, Grim will proceed to vacate adjudications and expunge records. Once that phase of his work is completed, Judge Grim will proceed to review juvenile cases involving more serious offenses in Luzerne County and make recommendations to the Supreme Court involving those cases. # # # EDITORS NOTE: A copy of the notice by the Supreme Court is attached http://www.pacourts.us/OpPosting/Supreme/out/81mm2008notice.pdf. Other news releases and copies of Supreme Court orders relating to Luzerne County Juvenile Court issues may be seen on the "For the Media" page of the Web site of Pennsylvania's Unified Judicial System at www.pacourts.us.