K.B. v. Delaware County Office of Judicial Support, and Mary J. Walk, in her official capacity as Director of the Delaware County Office of Judicial Support

Summary

The Commonwealth Court of Pennsylvania granted in part and denied in part K.B.'s application for judgment on the pleadings concerning the failure to process and disseminate an unconditional expungement order. The court held that the Delaware County Office of Judicial Support had a ministerial duty to implement the order and violated the Criminal History Record Information Act, entitling K.B. to actual damages and attorney's fees. The court denied punitive damages and the constitutional reputation claim at that stage because factual development was required, and denied injunctive relief as moot because the expungement was subsequently processed.

Holdings

1. The Delaware County Office of Judicial Support and its director had a ministerial, nondiscretionary duty to follow Judge Scanlon's unconditional expungement order and could not impose an additional condition requiring payment of outstanding court costs.
2. The Delaware County Office of Judicial Support violated the Criminal History Record Information Act by failing to docket and disseminate the expungement order and by maintaining inaccurate criminal-history information; the director did not personally violate CHRIA because the statutory definition of criminal justice agency did not encompass the director individually.
3. K.B. was aggrieved by the Office's CHRIA violation and was entitled on the pleadings to actual damages, litigation costs, and attorney's fees against the Office.
4. K.B. was not entitled to judgment on the pleadings for punitive damages because whether the Office's CHRIA violation was willful required development of a factual record.
5. The court could not determine on the pleadings whether respondents' handling of the expungement order violated K.B.'s right to reputation under article I, section 1 of the Pennsylvania Constitution.

Questions Presented

1. Whether the Delaware County Office of Judicial Support and its director had a ministerial, nondiscretionary duty to docket, disseminate, and implement the unconditional expungement order without imposing an additional court-cost condition.
2. Whether the Office violated the Criminal History Record Information Act by failing to docket and disseminate the expungement order and maintain accurate criminal-history information.
3. Whether K.B. was entitled on the pleadings to actual damages, litigation costs, and attorney's fees under the Criminal History Record Information Act.
4. Whether K.B. was entitled on the pleadings to punitive damages based on a willful Criminal History Record Information Act violation.
5. Whether respondents' failure to process and promulgate the expungement order established a violation of K.B.'s right to reputation under article I, section 1 of the Pennsylvania Constitution.

Disposition

other