If a girlfriend, boyfriend or domestic partner has falsely accused you of abuse under the Pennsylvania Protection from Abuse Act (PFA), you may be eligible for an expungement of your PFA record. An expungement can remove any reference to your PFA petition and court file from public records. An experienced Pennsylvania Protection from Abuse Expungement lawyer can help you understand the PFA expungement process.
Restore Your Reputation with a PFA Record Expungement
A PFA record expungement can also help you rebuild your life and restore your reputation. I will work with the relevant authorities to ensure that each agency expunges your record correctly to confirm your reputation is restored. Contact us today to learn more about your options and get started on rebuilding your life.
You Can Request Expungement of the Following PFA Records:
- An Emergency PFA that expires
- The Plaintiff withdraws an Emergency PFA
- A Temporary PFA that expires
- The Plaintiff withdraws a Temporary PFA
- The court dismissed the PFA Petition after the Plaintiff failed to appear for the PFA hearing
- The court dismissed the PFA Petition after the Plaintiff and Defendant failed to attend the PFA hearing
- The court dismisses the PFA Petition after a PFA Final Hearing
The Negative Stigma of a False Domestic Abuse Accusation
Pennsylvania law does not require the filing of a police report for a domestic abuse accusation to be investigated. Unfortunately, a false allegation of domestic abuse can have negative consequences, even if the accuser is never arrested or charged.
False accusations in a PFA Petition can lead to social stigma and embarrassment, damage relationships, and interfere with future opportunities. The Pennsylvania Expungement Law provides individuals who have been falsely accused of domestic abuse a chance to have their records cleared so that they may rebuild their life.
False Accusations of Abuse are Common and Can Cause Catastrophic Damage to Your Future
Unfortunately, some domestic partners fabricate, exaggerate, or embellish abuse allegations to retaliate against a former intimate partner or spouse. Significantly, once the court orders a temporary or permanent PFA, a PFA judge may consider the previous PFA order if the plaintiff files a subsequent PFA against the same person. Also, a family court judge may use a PFA record as evidence against a parent in a custody matter.
A False Charge of PFA Abuse Can Make It Hard to Find Employment
According to the United States Bureau of Labor Statistics, more than 2 million Americans have become unemployed since the COVID-19 shutdown began in March 2020. Unfortunately, economists predict an economic recession in the near future due to inflation, energy shortages, and higher interest rates. Because of this, it is even more critical for you to take steps to get your PFA records expunged.
A PFA Record may Appear on Employer Background Checks
Most employers conduct background checks on job applicants to identify individuals who may pose a threat to others or become liabilities to the company. Someone with a PFA record may have trouble finding a job in a field that involves contact with children or the elderly.
A PFA Record Will Make It Difficult to find in Work in Law Enforcement, Healthcare, and Specialized Professions
Additionally, a PFA history might prevent a person from obtaining a career in law enforcement, healthcare, and employment fields requiring a security clearance. Unfortunately, most people do not realize that a record of the PFA can appear on a background check long after dismissal or expiration of that PFA. Under these difficult conditions, you will find it challenging to find a job if a domestic partner has accused you of domestic abuse under the PFA Act.
False Abuse Accusations Can Make It Difficult to Find Housing
In many states, an accusation of domestic abuse can make it hard to find housing even when the claim is false. As a result, many landlords will not hire or rent to someone who has been accused of any domestic abuse. A fraudulent PFA claim can make it difficult to get your life back on track, even when you are innocent.
Bucks County PFA Expungement Lawyer
I have over a decade of experience assisting individuals with PFA expungement in Bucks County, Montgomery County, and the surrounding Pennsylvania counties. I can determine whether you are eligible for PFA record expungement. Contact me at (215) 752-5282 for a free initial consultation or fill out the confidential contact form for an immediate response.
What Is a PFA Record?
The Pennsylvania Protection from Abuse Act (PFAA) created a statewide registry of PFA records. The records in this registry include temporary PFA Orders, Final PFA Orders, PFA Consent agreements, and Registered Foreign Protection Orders.
PFA records may also exist within the Pennsylvania State Police, local police departments, county sheriff’s departments, county district attorney, and county clerk of courts. These records include PFA Petitions, court docket entries, and incident reports related to the case.
How Does a PFA Get Expunged?
The PFA expungement process typically begins when a petitioner files a PFA Expungement Petition in the Family Court Prothonotary in the county where the plaintiff filed the PFA. The petitioner must serve a copy of the PFA Expungement Petition on the plaintiff by certified mail.
In some cases, the court will schedule a hearing on the petition. However, in most cases, if the request for expungement faces no opposition, the court will issue an Order for Expungement of the PFA records without a formal hearing.
PFA Expungement Law
In the 2002 case Carlacci v. Mazaleski, the Pennsylvania Supreme Court ruled that an individual is entitled to expungement of PFA records if the PFA proceedings did not move beyond the temporary order phase. However, the court also ruled that once the case reaches the final hearing stage, and the PFA court issues a final order, expungement is no longer allowed.
The Carlacci case established that an individual is entitled to expungement of PFA records as a matter of law when the PFA does not become a permanent order. Fortunately, many cases never result in a permanent PFA Order and are therefore eligible for expungement.
What Types of PFA Records Get Expunged?
Once the court approves a PFA Expungement Order, the prothonotary of the domestic relations department will send a certified copy of the order to any agency maintaining records of the PFA, including:
- Pennsylvania State Police Protection from Abuse Database
- Domestic Relations Prothonotary
- County Sheriff
- County Clerk of Courts
- Local Police Department
- Pennsylvania State Police
- County District Attorney
In most counties, each agency served with the expungement order will provide proof in writing to defense counsel that the records have been destroyed.
Contact me to Start the PFA Expungement Process Now
Don’t let a PFA record destroy your reputation and limit your employment opportunities. Contact me if you have a record for a dismissed, withdrawn, or expired PFA case in Bucks County, Montgomery County, Delaware County, Chester County or the surrounding Pennsylvania Counties. Phone lines are open 24 hours a day at (215) 752-5282. Contact me for a free initial consultation or fill out the confidential contact form for an immediate response.