A protection from abuse (PFA) order is a civil order that protects someone from alleged domestic violence. The petitioner must prove that the defendant committed abuse, such as physical harm, threats, or stalking, to obtain a PFA.
Pennsylvania courts issue three types of PFAs: temporary PFAs that last until a hearing, emergency PFAs that cover nights and weekends, and final PFAs that last up to three years.
A PFA is not a criminal charge, but violating one can result in arrest, fines, and jail time. Defendants subject to PFAs might be ordered to move out of their homes, avoid contact, or surrender firearms. However, it is possible to expunge a PFA from your record in Pennsylvania under certain circumstances.
Does a PFA Show Up on Your Record?
A PFA does not appear on a criminal record because it is a civil matter, not a criminal charge. However, it can still show up in court records and might be visible in certain background checks.
Employers, landlords, and licensing agencies might find a PFA in public records. A PFA can impact housing applications and firearm ownership. Security clearance and government job applicants with PFAs on their records can also face challenges. Even if dismissed, a PFA stays in court records unless the defendant successfully petitions for expungement.
How Long Does a PFA Stay on Your Record?
A PFA stays on record indefinitely unless expunged. Temporary PFAs remain in court records, even after expiration. If the court dismisses or denies a final PFA, it still appears in records unless expunged.
A final PFA can last up to three years. Even after expiration, it does not automatically disappear from court records. Because background checks can reveal PFAs, they can affect employment, housing, and other opportunities. Those with PFAs on record should explore legal options to clear them if possible.
Can a PFA Be Expunged in Pennsylvania?
In Carlacci v. Mazaleski (2002), the Pennsylvania Supreme Court ruled that you can petition for PFA expungement in limited situations. Expungement is possible if the PFA was dismissed, withdrawn, or denied. Removal could also be an option if a temporary PFA expires without a hearing.
If a final PFA was granted, expungement is usually not available. However, courts recognize a person’s right to protect their reputation in some cases. Expungement requires filing a petition and convincing the court that removing the record is just. Even if expunged, law enforcement can still access PFA records.
Why You Should Consult a Criminal Defense Attorney About a PFA
A PFA can create legal problems, even though it is a civil matter, not a criminal one. A defense attorney can help you fight false allegations, challenge PFAs in court, and seek expungement.
Defendants have the right to a hearing before a final PFA is issued. A lawyer can present evidence and question witnesses at these hearings to argue against the necessity of a final PFA. Without legal help, a defendant can lose housing, job opportunities, and gun rights.
Violating a PFA can result in arrest and criminal charges. If you are subject to a PFA, an attorney can explain the terms of the order, help you avoid violations, and seek expungement if possible.
Contact an Expungement Attorney in Pennsylvania
If you have a PFA on your record, it can affect your rights, job opportunities, and background checks. At Chieppor & Egner, LLC, our attorneys can fight PFAs, defend you in court, or help you seek expungement if necessary. Call us today at (717) 912-8369 for a free consultation to discuss your case with our team.
