Opinion
Argued December 9, 1976.
Decided March 3, 1977.
Appeal from the Court of Common Pleas of Montgomery County, April Term, 1976, No. 198, Smillie, J.
Alan I. Schnoll, Philadelphia, with him Bogutz Mazer, Philadelphia, for appellant.
Eric J. Cox, Assistant District Attorney, Conshohocken, with him William T. Nicholas, District Attorney, Norristown, for appellee.
Before WATKINS, P.J., and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.,
Appellant contends that she has a right to have her arrest record expunged. Because it believed that it did not have the authority to reach that issue, the lower court denied appellant's petition. This Court recently held that such authority does exist. See Commonwealth v. Malone, 244 Pa. Super. 62, 366 A.2d 584 (1976). Therefore, we remand to the lower court for further consideration in light of our holding in Commonwealth v. Malone, supra.
PRICE and VAN der VOORT, JJ., dissent for the reasons stated in the Dissenting Opinion in Commonwealth v. Malone, supra.