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COM. v. MILLER

325 Pa.Super. 526 (1984)

473 A.2d 193

COMMONWEALTH of Pennsylvania v. James A. MILLER, Appellant.

Supreme Court of Pennsylvania.

Filed March 16, 1984.

Attorney(s) appearing for the Case

Joseph C. Mesics, Public Defender, Lebanon, for appellant.

Daniel J. McDevitt, Assistant District Attorney, Lebanon, for Com., appellee.

Before WICKERSHAM, BECK and MONTEMURO, JJ.

MONTEMURO, Judge:

This is an appeal from the order of the Court of Common Pleas of Lebanon County denying the motion of appellant, James A. Miller, for expungement of a charge of burglary from his criminal record. Because we conclude that the lower court erred in its determination, the order should be vacated.

The facts relevant to the present appeal are as follows: On October 21, 1963, the appellant, James Miller, was

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