What can you do to remove a Protection from Abuse Order (PFA) from your record? Your ability to expunge the PFA depends on how far in the process your case proceeded. Our attorneys are very familiar with the steps necessary to successfully expunge Berks County PFA’s. First, here is a summary of the Berks County PFA process:
– a plaintiff files a petition requesting a PFA
– an ex parte (just plaintiff and judge) petition hearing is held at which time the plaintiff gives details about the alleged abuse that has occurred the judge decides if there is immediate danger and grants a Temporary PFA if he or she finds that there is
– a Final PFA hearing is scheduled within 10 days of the petition hearing – at the final hearing the Plaintiff has to prove by a preponderance of the evidence that abuse (as defined by statute) occurred
– if a judge finds that abuse did occur, he or she can enter a Final PFA for up to 3 years and can include relief such as eviction, prohibition of contact, temporary custody provisions and a prohibition on possessing firearms
So, can you remove a PFA from your record? Well, the answer is pretty straightforward if your case never got to the Final PFA hearing. If a Temporary PFA was not granted at the petition hearing, or if your Temporary PFA was dismissed before the Final PFA hearing then the law is pretty clear that any mention of the case can be removed from most databases. This is also true if your case proceeded to a Final PFA hearing and the judge found that no abuse occurred and dismissed the PFA. A Final PFA entered by agreement or after a hearing is much more difficult to expunge and the court must employ a balancing test to determine when expungement is appropriate.
Many people don’t take advantage of the expungement process for PFA’s, but the only way to ensure that a non-final PFA doesn’t have a negative impact in the future is to completely remove it from your record. If a PFA was filed against you in Berks County and later dismissed, make sure that it doesn’t come back to haunt you unexpectedly. Call our Reading, PA PFA expungement attorneys to start the expungement process today at 610-372-5128 or email us at [email protected]