Intermission 4: Introduction to the Protection from Abuse Act, Part 2

Section 6108.7.  Order to seal record from public view.

There are many addendums to Section 6108, and the vast majority of them concern issues with firearms.  The only one relevant to my situation is 6108.7, which involves sealing records from public view.  The basic requirements to get the record sealed are that it’s been ten years since the order expired and that the defendant never violated it.  This second requirement means that I will never be able to have the record sealed.  This seems strange because violating the order is simply contempt of court, i.e., not even a misdemeanor.  Thus, had I assaulted Rita, I would be eligible to have the conviction expunged after, I believe, seven years.  However, because I told Amanda I loved her, I am not eligible to have the record of this order sealed.

  1. (a)  General rule.–Notwithstanding any other provision of this chapter, an individual who has entered into a consent agreement approved by the court under section 6108(a) (relating to relief) may petition the court for an order to seal the record of the individual from public view. The court may grant the order if the petitioner proves all of the following by clear and convincing evidence:
    1. (1)  The consent agreement for which the individual seeks relief under this section is the only such consent agreement to which the individual has ever been subject and that, during the period in which the consent agreement was in effect, the individual did not violate an order or consent agreement under section 6108.
    2. (2)  A period of at least ten years has elapsed since the expiration of the consent agreement.
    3. (3)  The individual has not been subject to another final protection from abuse order under section 6108.
    4. (4)  The individual has not been convicted of one of the following offenses where the victim is a family or household member:
      1. (i)  An offense set forth in 18 Pa.C.S. § 2711 (relating to probable cause arrests in domestic violence cases).
      2. (ii)  An offense equivalent to subparagraph (i) under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation.
  2. (b)  Notice to district attorney and plaintiff.–
    1. (1)  The petitioner shall serve a copy of the petition under subsection (a) to the district attorney and to the plaintiff within ten days of the filing of the petition.
    2. (2)  The district attorney and the plaintiff shall have an opportunity to be heard at the hearing.
    3. (3)  Within 30 days of receipt of notice, the district attorney or plaintiff may file objections to the petition.
    4. (4)  If no objection under paragraph (3) is timely filed, the court may grant the petition without further hearing if the requirements of this section have been met.
    5. (5)  As used in this subsection, the term “plaintiff” means the person who entered into the consent agreement with the defendant.
  3. (c)  Notice to prothonotary.–Notice of an order to seal the individual’s record from public view shall promptly be submitted to the prothonotary of the county holding the record. The prothonotary may not permit a member of the public from accessing the individual’s record regarding the consent agreement. Nothing in this section shall be construed to limit access of the record of the individual by a criminal justice agency as defined in 18 Pa.C.S. § 9102 (relating to definitions).

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