Devereaux v. Thomas

38 Pa. D. & C.4th 129, 1998 Pa. Dist. & Cnty. Dec. LEXIS 176
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedOctober 2, 1998
Docketno. 970307640
StatusPublished

This text of 38 Pa. D. & C.4th 129 (Devereaux v. Thomas) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Devereaux v. Thomas, 38 Pa. D. & C.4th 129, 1998 Pa. Dist. & Cnty. Dec. LEXIS 176 (Pa. Super. Ct. 1998).

Opinion

GORDON, J.,

— This court has before it a petition to expunge a domestic abuse record filed by the petitioner Wellington Devereaux. The basis for the request is that the underlying action in which he was the respondent was dismissed for lack of prosecution. After consideration of this matter and a review of the applicable law, we must deny the petition.

The facts may be summarized as follows:

[130]*130On March 27, 1997, Walettra Thomas filed a petition with the First Judicial District’s Domestic Violence Unit seeking a protection from abuse order against Wellington Devereaux, the petitioner herein. The allegations in the petition recited threats of bodily harm and fell within the purview of the statute, 23 Pa.C.S. §6101 et seq. A temporary ex parte PEA order was granted and a hearing was scheduled for April 4, 1997. On the day of the hearing, Thomas failed to appear, and the case was dismissed for lack of prosecution. The temporary order was vacated.

In July 1998, Devereaux filed a petition for expungement of the domestic abuse record because of its prejudicial effect on his government employment opportunities. A hearing was scheduled for July 27, 1998, but was continued at the request of Ms. Thomas. The new hearing date of August 4, 1998 was personally served on Devereaux in the courtroom and was sent via United States mail to Thomas. At the hearing on August 4, 1998, Thomas did not appear.

The petitioner avers that this case is listed on the county or state registry in accordance with 23 Pa.C.S. §6105. He further avers that such record places him in an unfounded and prejudicial predicament because of the negative impact it will have on his ability to obtain employment with the Federal Bureau of Investigation.

Devereaux argues that because the petition was vacated without a hearing on the merits, it is akin to a non-suit in other civil litigation and, thus, has the same effect as having never been brought. Mr. Devereaux states that no harm is attendant to the Commonwealth for expungement and that there exists no party with an adverse interest to notify other than Ms. Thomas.

[131]*131The issue before us is whether this court has the authority to expunge a protection from abuse record.

The legislative intent of the Protection From Abuse Act, 23 Pa.C.S. §6101 et seq., was to prevent domestic violence between family members and cohabitants. The Act allowed for a civil remedy to an ever-increasing social problem. The purpose of the legislation is not to penalize past criminal conduct, but advance protection from physical and sexual abuse. K.D., a Minor, by K.H.D., Guardian v. J.D., 696 A.2d 232 (Pa. Super. 1997); Snyder v. Snyder, 427 Pa. Super. 494, 629 A.2d 977 (1993). The court is empowered to grant broad relief to bring about a cessation of abuse. Heard v. Heard, 418 Pa. Super. 250, 614 A.2d 255 (1992).

The need for protection from a family member, intimate partner or cohabitant is sometimes more exigent because the abuser has easier access to the victim in his or her home. Because of this the legislature determined that an ex parte order is appropriate, pending a full hearing. The respondent’s due process rights are safeguarded with the requirement that a full hearing be held within 10 days.

It is widely held that spousal, child, elderly and other familial abuse is a prevalent concern within the United States. All 50 states now have enacted some form of abuse legislation to protect victims from acts of threats, physical harm, stalking and harassment.

Proponents of abuse laws argue that it is frequently a result of the abuser’s system of fear and intimidation which prevents the victim from seeking relief or halts the judicial process. These are matters the legislature considered when allowing for ex parte orders, removal of the abuser from the property and lowering the burden of proof than that which is required for a private criminal complaint.

[132]*132In 1994, the PFA Act in Pennsylvania was amended. The legislature expanded the requirements for keeping an updated and statewide registration of all PFA orders as well as expanding the responsibilities of law enforcement agencies’ statistical reporting. The 1994 amendment of section 6105 added the following:

“(e) Statewide registry—

“(1) The Pennsylvania State Police shall establish a statewide registry of protection orders and shall maintain a complete and systematic record and index of all valid temporary and final court orders of protection or court-approved consent agreements, (emphasis added)

“(g) Annual report—

“The Pennsylvania State Police shall annually compile and analyze the incident report data received and publish a statewide report which includes aggregate, county and department-based statistical profiles. The Pennsylvania State Police shall transmit a copy of the annual report to the governor, the General Assembly and each domestic violence program in this Commonwealth.”

Although the district attorney or the attorney general may not have a direct interest in the court’s expungement of a PFA record, the Commonwealth as a whole may, despite Devereaux’s assertion to the contrary. The Commonwealth has a legitimate interest in maintaining abuse data which could help it identify future victims as well as those who file multiple or frivolous claims. Such a data bank has value for the purposes of research, policy-making, and/or funding. Administrative records remain valuable even when the case has been terminated for lack of prosecution.

[133]*133We can find no case in this Commonwealth directly on point as to the authority of a court to expunge a PFA record. Some guidance, however, can be taken from other jurisdictions. The Massachusetts case of Vaccaro v. Vaccaro is directly on point and stands for the principle that expungement is not available for abuse petitions. In Vaccaro, an ex parte temporary abuse petition was vacated after a hearing on the merits. Subsequently, the respondent requested and the trial court granted expungement of his record based on the dismissal. The Massachusetts Supreme Judicial Court overturned the trial court, holding that all records placed in the state abuse registry must remain there, whether active or inactive.

The Massachusetts Department of Probation, which was responsible for updating and maintaining the registry, argued that there existed no statutory authority to remove someone from the registry.

The Supreme Judicial Court agreed, stating:

“The legislature’s express directive in the [abuse-registry] Act, that a computerized record be kept in the system of all orders, inactive as well as active, and the absence of a provision for removal or authority for expungement, reflects a deliberate legislative decision that all records be available for review by a judge who is considering an application for a restraining or protective order. . ..” Vaccaro v. Vaccaro, 425 Mass. 153, 680 N.E.2d 55 (1997).

In other types of civil cases, both state and federal courts have found that the states have a legitimate interest in maintaining accurate records.

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Related

Whalen v. Roe
429 U.S. 589 (Supreme Court, 1977)
Snyder v. Snyder
629 A.2d 977 (Superior Court of Pennsylvania, 1993)
R. v. Com., Dept. of Public Welfare
636 A.2d 142 (Supreme Court of Pennsylvania, 1994)
Heard v. Heard
614 A.2d 255 (Superior Court of Pennsylvania, 1992)
Vaccaro v. Vaccaro
425 Mass. 153 (Massachusetts Supreme Judicial Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
38 Pa. D. & C.4th 129, 1998 Pa. Dist. & Cnty. Dec. LEXIS 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devereaux-v-thomas-pactcomplphilad-1998.