Make this page my home page
  1. Drag the home icon in this panel and drop it onto the "house icon" in the tool bar for the browser

  2. Select "Yes" from the popup window and you're done!

Home > News > 

Despite expungement, record of cop's drug charge remains, Philly

April 04, 2001

Despite expungement, record of cop's drug charge remains, Philly

By Danielle N. Rodier, Of the Legal Staff
March 30, 2001 Friday
Copyright 2001 American Lawyer Media
The Legal Intelligencer
March 30, 2001 Friday

(PHILADELPHIA) - Although an arbitrator ruled that a police officer''s charge of possession of an illegal substance should be expunged from his employment records, the city may retain notice of the charge in an Internal Affairs Division record, the majority of an en banc Commonwealth Court has ruled.

Two out of the seven judges on the panel dissented in City of Philadelphia v. Pennsylvania Labor Relations Board, finding that the arbitrator''s ruling that the officer''s record should be expunged "to the fullest extent" naturally included the IAD report. The majority played on the ambiguousness of that phrase, indicating that the arbitrator could have mentioned the IAD file specifically if he intended it to be expunged too. "Without some express basis for intrusion into IAD files, the language of the award here should not be interpreted to indicate an intent to affect matters beyond the narrow question of just cause for termination," Commonwealth Court Judge Doris Smith wrote for the majority. "At most the award was ambiguous on the question of whether the arbitrator intended for the IAD file to be expunged."

Full story: Despite expungement, record of cop's drug charge remains, Philly

PoliceOne Offers

Breaking Police News

P1 on Facebook

Get the #1 Police eNewsletter

Police Newsletter Sign up for our FREE email roundup of the top news, tips, columns, videos and more, sent 3 times weekly
See Sample

Connect with PoliceOne

Mobile Apps Facebook Twitter Google

PoliceOne Exclusives

Featured Videos