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06/13/2024 05:14 PM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20150&chamber=S&cosponId=16596
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Senate of Pennsylvania
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: January 13, 2015 11:01 AM
From: Senator Wayne D. Fontana
To: All Senate members
Subject: Expungement of Certain Records
 
In the near future, I plan to introduce legislation that would allow for the expungement of certain records.

A constituent reached out to me expressing a frivolous Protection From Abuse (PFA) was issued against this individual in retaliation to a lawsuit filed against another person. In this situation, a judge dismissed the case and did not grant the PFA. However, the PFA allegation is still on my constituent’s record and available to the public.

It has come to my attention that a PFA cannot be expunged from an individual’s record because there is no law in the commonwealth to authorize such an act. However, there are several Supreme Court cases in Pennsylvania that did say a PFA could be expunged if there was no finding of abuse.

My bill would simply grant the ability for an individual to petition with the court of common pleas in the county where the original petition was filed the expungement of any PFA records when no protection from abuse order was issued.

I hope you will consider co sponsoring this bill that would clear one’s name. If you have any addition questions, please contact Brittany Mekilo at bmekilo@pasenate.com .