Juvenile Law Center and KidsVoice filed the appeal brief on behalf of appellants R.R. and H.L.
This case involves the due process rights of two young people who sought expungement of their juvenile records after satisfactorily completing their involvement with the juvenile justice system in order to facilitate their transition to adulthood. Appellants R.R. and H.L. completed all ordered treatment and conditions imposed by the court. Following the closure of their cases, but before the passage of five years, both young men sought expungement of their juvenile records pursuant to Section (a)(4) of the Criminal History Records Information Act (hereinafter “CHRIA”). 18 Pa.C.S.A. § 9123(a)(4). While the trial court found that these youth met the standards for expungement after considering the criteria enumerated in § 9123(a)(4)(i)-(iv) and with no evidence offered in opposition to their petitions, the trial court nevertheless denied the petitions because the Commonwealth refused to consent.
Appellants argue that 18 Pa.C.S.A. § 9123(a)(4) is unconstitutional on its face and as applied to the extent that it permits expungements to be denied solely on the basis of the Commonwealth’s refusal to consent, even in the absence of any evidence proffered by the Commonwealth and when all other statutory criteria are met.