Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 61 - Protection from Abuse
Section 6108.7 - Order to seal record from public view


(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) 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) A period of at least ten years has elapsed since the expiration of the consent agreement.
(3) The individual has not been subject to another final protection from abuse order under section 6108.
(4) The individual has not been convicted of one of the following offenses where the victim is a family or household member:
(i) An offense set forth in 18 Pa.C.S. § 2711 (relating to probable cause arrests in domestic violence cases).
(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.
(b) Notice to district attorney and plaintiff.--
(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) The district attorney and the plaintiff shall have an opportunity to be heard at the hearing.
(3) Within 30 days of receipt of notice, the district attorney or plaintiff may file objections to the petition.
(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) As used in this subsection, the term "plaintiff" means the person who entered into the consent agreement with the defendant.
(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).
(Oct. 12, 2018, P.L.519, No.79, eff. 180 days)

2018 Amendment. Act 79 added section 6108.7. Act 79 shall apply to orders issued pursuant to 23 Pa.C.S. § 6108 on or after the effective date of section 11 of Act 79.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 23 - DOMESTIC RELATIONS

Chapter 61 - Protection from Abuse

Extra - Chapter Notes

Section 6101 - Short title of chapter

Section 6102 - Definitions

Section 6103 - Jurisdiction

Section 6104 - Full faith and credit and foreign protection orders

Section 6105 - Responsibilities of law enforcement agencies

Section 6106 - Commencement of proceedings

Section 6107 - Hearings

Section 6108 - Relief

Section 6108.1 - Return of relinquished firearms, other weapons and ammunition and additional relief

Section 6108.2 - Relinquishment for consignment sale, lawful transfer or safekeeping

Section 6108.3 - Relinquishment to third party for safekeeping

Section 6108.4 - Registry or database of firearm ownership

Section 6108.5 - Penalties for release of information

Section 6108.6 - Penalty for failure to secure firearms

Section 6108.7 - Order to seal record from public view

Section 6109 - Service of orders

Section 6110 - Emergency relief by minor judiciary

Section 6111 - Domestic violence counselor/advocate

Section 6112 - Disclosure of addresses

Section 6113 - Arrest for violation of order

Section 6113.1 - Private criminal complaints for violation of order or agreement

Section 6114 - Contempt for violation of order or agreement

Section 6114.1 - Civil contempt or modification for violation of an order or agreement

Section 6115 - Reporting abuse and immunity

Section 6116 - Confidentiality

Section 6117 - Procedure and other remedies

Section 6118 - Full faith and credit (Repealed)

Section 6119 - Immunity

Section 6120 - Inability to pay

Section 6121 - Warrantless searches

Section 6122 - Construction