2008 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

10-21-2008

USA v. Boniella

Precedential or Non-Precedential: Non-Precedential

Docket No. 07-3948

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Recommended Citation

"USA v. Boniella" (2008). 2008 Decisions. Paper 342.

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CLD-295 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 07-3948

___________

UNITED STATES OF AMERICA

 v.

DAVID ALBERT BONIELLA,

 Appellant

____________________________________

On Appeal from the United States District Court

for the Western District of Pennsylvania 

(D.C. Crim. No. 95-CR-00142)

District Judge: Honorable Alan N. Bloch

____________________________________

Submitted for Possible Summary Action 

Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6

September 18, 2008

Before: AMBRO, FUENTES AND JORDAN, Circuit Judges

(Filed: October 21, 2008)

_________

OPINION

_________

PER CURIAM

David Albert Boniella appeals from an order of the United States District Court for

the Western District of Pennsylvania, which denied his “Petition for Sealing of
 Although Boniella uses the term “seal,” he essentially seeks expungement. 1

“Although different states may define expungement’ differently, ‘in general when a

defendant moves to expunge records, she asks that the court destroy or seal the records of

the fact of the defendant's conviction and not the conviction itself.’” Rowlands, 451 F.3d

at 176 (quoting United States v. Crowell, 374 F.3d 790, 792 (9th Cir.2004)).

 2

Conviction by Court Discretion.” In his petition, Boniella sought “sealing” of his

criminal conviction, noting that the matter had been “satisfied in 1999” and that the

conviction made it “almost impossible to secure substantial and stable employment for

life.” The District Court denied the petition, and Boniella timely appealed.

In his notice of appeal and argument regarding possible summary action, Boniella

asks that we remand the action to the District Court and order it to seal his conviction, or

that we take action to either seal the conviction or set aside his conviction and restore his

civil rights.

We have jurisdiction to consider an appeal from the final order of the District

Court. 28 U.S.C. § 1291. However, neither this Court nor the District Court has

jurisdiction to seal or expunge a conviction where there is no challenge to the validity of

the conviction or arrest. United States v. Rowlands, 451 F.3d 173, 178 (3d Cir.), cert.

denied, 127 S. Ct. 598 (2006). We do not have jurisdiction to consider an expungement 1

on the basis that a defendant is having difficulty in finding or retaining employment. Id.

We therefore will affirm the District Court’s order.