Domestic Violence & PFA · Expungement & Record Relief

Clearing a domestic-related record means dealing with two different systems, not one.

There's no such thing as expunging a 'domestic violence record' as a single item, because Pennsylvania doesn't charge domestic violence as its own crime — it charges assault, harassment, or a related offense, and that criminal record is what §§ 9122, 9122.1, and 9122.2 can reach. A Protection From Abuse order, by contrast, is a civil docket entry, and the criminal expungement statutes generally do not remove it. Anyone trying to clean up a record from a past domestic incident needs to address the criminal case and the PFA case separately, because they don't clear the same way or on the same timeline.

How Pennsylvania handles it

Expungement and Record Relief for Domestic Violence-Related Charges in Pennsylvania.

Section 9122 governs expungement of criminal history record information and covers charges that were withdrawn, dismissed, or resulted in an acquittal, as well as cases resolved through successful completion of Accelerated Rehabilitative Disposition under the ARD rules. A conviction, by contrast, generally cannot be expunged under § 9122 except in narrow circumstances such as reaching a specified advanced age with a clean subsequent record, or pardon. Section 9122.1 provides a court-ordered sealing (limited access) process for certain records that don't qualify for full expungement, removing them from public access while keeping them available to courts and certain agencies. Section 9122.2 implements the Clean Slate framework, which automatically seals qualifying non-conviction records and certain lower-level misdemeanor convictions from public view after a statutory waiting period without further petitioning. None of these three statutes reach a Protection From Abuse docket, which is a civil family-court record governed by Title 23 rather than the criminal history provisions in Title 18.

Statute: 18 Pa.C.S. §§ 9122, 9122.1, 9122.2[1][2]

Defenses & record relief

A domestic-related charge that ends in a withdrawal, dismissal, acquittal, or completed ARD is treated the same as any other charge for expungement purposes — the harder question is usually the separate civil PFA record, which needs its own approach.

PFA vs. criminal charges · assault vs. domestic violence charges · preliminary hearing lawyer

Expungement and Record Relief for Domestic Violence-Related Charges: orders, grading, and maximum exposure under 18 Pa.C.S. §§ 9122, 9122.1, 9122.2
Order, offense & gradingMaximum exposure

Charge withdrawn or nolle prossed

Applies where the district attorney's office withdraws the charge before trial, common in weaker domestic filings.

Eligible for § 9122 expungement

Charge dismissed at preliminary hearing

Applies where the Commonwealth fails to establish a prima facie case at the magisterial district court stage.

Eligible for § 9122 expungement

Acquittal at trial

A not-guilty verdict qualifies for expungement of the arrest and prosecution record.

Eligible for § 9122 expungement

ARD successfully completed — Rule 300 series

Available where a domestic charge was accepted into ARD; expungement generally follows automatically or by petition after successful completion.

Eligible for § 9122 expungement

Conviction of record

May be eligible for § 9122.1 sealing or automatic § 9122.2 Clean Slate treatment depending on grading and time elapsed, but not full expungement absent narrow exceptions.

Not eligible for § 9122 expungement in most cases

Non-conviction records not otherwise expunged

A court-ordered limited-access remedy for records that don't fit squarely into § 9122's categories.

Eligible for § 9122.1 sealing petition

Qualifying older misdemeanor or non-conviction record

Sealed from public view after the statutory waiting period without the person filing anything, subject to eligibility rules.

Automatic under § 9122.2 Clean Slate

Docketed PFA order, temporary or final

A civil Title 23 record; criminal expungement and sealing statutes do not remove or seal a PFA docket entry.

Not addressed by §§ 9122, 9122.1, or 9122.2

Statutory maximums are ceilings, not expected outcomes. A Protection From Abuse order is a civil order decided by a preponderance of the evidence; criminal charges require proof beyond a reasonable doubt, and the two proceedings can reach different results.

Jurisdiction & court process

Where a expungement & record relief matter is heard.

Where an expungement petition is filed

A § 9122 expungement petition for a domestic-related charge is filed in the Court of Common Pleas in the county where the case was prosecuted, and it's served on the district attorney's office, which can object. Where the charge was resolved through ARD, some counties process removal of the record through a more streamlined post-completion procedure rather than a fully separate petition.

How the DA's office typically responds in a domestic-related case

District attorneys' offices in Dauphin, Cumberland, York, and Adams counties routinely evaluate expungement petitions on the specifics of the disposition rather than categorically opposing anything with a domestic label. A clean withdrawal, dismissal, or acquittal is generally treated no differently for expungement purposes than in a non-domestic case, though the office may still review the underlying facts before agreeing not to object.

Sealing and Clean Slate as the fallback for convictions

Where a conviction resulted and full expungement isn't available, § 9122.1 sealing and § 9122.2 Clean Slate provide narrower relief — removing the record from most public and commercial background checks while it remains accessible to courts, law enforcement, and certain licensing or employment screens that are exempt from the sealing. The eligibility rules depend on the specific grading and the time elapsed since sentence completion, and should be checked against the actual disposition rather than assumed.

Why the PFA docket stays visible

Because a PFA is a civil proceeding under Title 23, it doesn't generate a criminal history record subject to §§ 9122, 9122.1, or 9122.2. A PFA docket entry can still appear in civil court record searches, and some background-check products that pull civil filings will surface it even after a related criminal charge has been fully expunged. There is no criminal expungement remedy for a PFA docket; relief, if any, has to be pursued in the family court where the PFA was entered.

How we handle expungement & record relief matters.

  • File promptly once a charge is dismissed, withdrawn, or results in an acquittal

    There's no reason to wait once a disposition qualifies under § 9122 — the sooner the petition is filed, the sooner the record stops surfacing on background checks that matter for employment or housing.

  • Confirm ARD completion triggers the expungement step

    Successful completion of ARD in a domestic-related case doesn't always clear the record automatically in every county; confirming whether a separate expungement petition is required avoids a record lingering after the program is done.

  • Evaluate § 9122.1 sealing where full expungement isn't available

    For a conviction that doesn't qualify for outright expungement, a sealing petition under § 9122.1 can still meaningfully limit public visibility, and it's worth pursuing rather than assuming nothing can be done.

  • Check Clean Slate eligibility rather than assuming manual action is required

    Some older non-conviction and lower-grade misdemeanor records seal automatically under § 9122.2 after the waiting period, but confirming that it actually happened — rather than assuming it did — avoids surprises on a background check.

  • Separate the PFA record from the criminal record in any cleanup effort

    Anyone whose goal is a clean background check needs to address the PFA docket, if any exists, through the family court where it was entered, since no criminal expungement statute reaches it.

  • Address a mistaken or expired PFA entry directly with the court

    Where a PFA was never made final, expired without renewal, or was withdrawn, the family court that entered it — not the criminal expungement process — is the right venue to ask about correcting how the record appears in any search the court itself controls.

FAQ

Frequently asked questions.

Common questions about expungement & record relief in Pennsylvania — procedure, consequences, and the defenses that actually matter.

  • There's no charge literally called 'domestic violence' to expunge — what's expunged is the underlying charge, such as simple assault or harassment. Under § 9122, that charge can be expunged if it was withdrawn, dismissed, resolved through an acquittal, or resulted from successfully completed ARD.

  • No. A PFA is a civil docket entry under Title 23, not a criminal history record. The criminal expungement statutes — §§ 9122, 9122.1, and 9122.2 — don't reach it. Any relief regarding how a PFA record appears has to be sought through the family court that entered the order.

  • No, and the reverse is also true. The criminal case and the PFA are separate proceedings with separate records. A dismissal of criminal charges doesn't remove an existing PFA order, and a PFA being vacated or expiring doesn't automatically expunge a related criminal charge.

  • Expungement under § 9122 removes the record from public criminal history entirely, but it's generally unavailable for convictions. Sealing under § 9122.1 keeps a conviction record on file but restricts public access to it, which is often the more realistic remedy once a conviction is on record.

  • It can, for qualifying non-conviction records and certain lower-level misdemeanor convictions, after a statutory waiting period, without the person having to file a petition. Eligibility depends on the specific grading and disposition, so it's worth confirming rather than assuming a record sealed on its own.

  • It shouldn't, once expungement following successful ARD completion has actually been processed. Some counties require a separate expungement petition even after ARD is completed, so confirming that step was taken — rather than assuming completion alone cleared the record — matters.

  • Yes, potentially. Some background-check services pull civil court filings, including PFA dockets, separately from criminal history databases. Expunging the criminal case doesn't affect a PFA record maintained by the family court.

  • Timing depends on the specific ARD program's completion requirements in the county where the case was handled, but expungement is typically available once all program conditions are satisfied and the completion is confirmed with the court, not on a fixed statewide waiting period of its own.

  • Generally not under § 9122's ordinary provisions, which apply mainly to non-convictions and completed ARD. Felony convictions are typically limited to sealing under § 9122.1 where eligible, or a pardon, rather than outright expungement.

Sources & statutory citations

  1. [1]18 Pa.C.S. § 9122Expungement of criminal history record information.
  2. [2]18 Pa.C.S. § 9122.1Limited access (sealing) of criminal records; Clean Slate framework.
  3. [3]18 Pa.C.S. § 9122.2Clean Slate limited access — automatic sealing of certain non-conviction records and lower-level misdemeanor convictions after the statutory waiting period.
  4. [4]Pa.R.Crim.P. 300–320Accelerated Rehabilitative Disposition — the rules governing ARD admission, conditions, removal, and dismissal in non-DUI cases.
  5. [5]23 Pa.C.S. § 6102Protection From Abuse definitions — what counts as 'abuse' and who qualifies as a family or household member for PFA purposes.
  6. [6]23 Pa.C.S. § 6108Relief available in a PFA order — no-contact, eviction and exclusive possession, temporary custody, and firearms relinquishment under § 6108(a)(7); a final order may last up to three years.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

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