In the Interest of Jacobs

JOHNSON, Judge,

concurring:

I join in the majority’s disposition of this case. Nevertheless, I think it necessary to clarify one point.

Prior to the passage of the Criminal History Records Information Act, 18 Pa.C.S. § 9101 et seq. (CHRIA), the remedy of expungement was held to exist as an adjunct of due process. Commonwealth v. Malone, 244 Pa.Super. 62, 366 A.2d 584 (1976). However, as stated by the majority, expungements under due process have been held to be limited to those cases where an acquittal is consistent with a finding of real innocence and is not a result of legal technicalities unrelated to questions of guilt or innocence. Edward M. v. O’Neill, 291 Pa.Super. 531, 436 A.2d 628 (1981).

Subsequent to the Malone decision, CHRIA was enacted. The relevant sections of this Act are set forth in the *623majority opinion and it is not necessary to repeat those provisions here. It is sufficient to state that, insofar as juvenile records are at issue, an individual can get his or her record expunged, except upon cause shown, if certain conditions set forth in the statute are met.

It should be observed, however, that the expungement remedies allowed under CHRIA are in addition to those already extant under due process. See Interest of Lowe, 302 Pa.Super. 271, 274 n. 4, 448 A.2d 632, 633 n. 4 (1982); Edward M. v. O’Neill, 291 Pa.Super. at 544, 436 A.2d at 634. As noted in these two cases, it is possible that an individual may fail to meet the requirements under one type of expungement procedure yet may satisfy the requirements of the other.

I do not, with this opinion, express a view regarding appellee’s possibilities of obtaining expungement under due process. My intent is only to highlight the difference between expungement cases under due process and under CHRIA.