Rule 1901.7.A - Decision. No Post-Trial Relief. Expungement. Return of Relinquished Firearms, other Weapons and Ammunition(a)Expungement: Petitions requesting the expungement of a dismissed Protection from Abuse proceeding or the return of seized weapons shall be in accordance with C.C.R.C.P. 206.1.(a), et. seq. (1) Copies of the petition requesting expungement and any final order granting expungement shall be served upon the original Petitioner in the Protection from Abuse proceeding, the Chester County Family Court Administrator, the Sheriff of Chester County and any deputized Sheriff's department, the District Attorney of Chester County, and any state and/or local police department initially served.(2) Upon receipt of a final order expunging a protection from abuse proceeding, the recipient shall immediately delete from their records any information pertaining to the underlying petition for Protection from Abuse. No proof of compliance shall be required.(b)Return of Weapons :(1) In any Protection from Abuse case where weapons have been ordered relinquished, an order vacating, dismissing, or permitting the withdrawal of the matter shall include the following provision for the return of weapons: The Sheriff of Chester County shall return all weapons, firearms and ammunition as enumerated on the itemized list of seized weapons provided to the Defendant by the Sheriff at the time the original seizure was ordered provided:
(a) The Defendant can show proof the Petitioner has been notified of the Defendant's request to return seized weapons;(b) The Defendant must be given a clearance by the Pennsylvania State Police Instant Check System Unit or through the National Instant Criminal Background Check System (NICS), requested by the Sheriff's office;(c) The weapons are not evidence of a crime;(d) The Defendant is not otherwise prohibited from taking possession of the seized weapons, firearms or ammunition.(2) In those cases wherein a Final Protection from Abuse Order has been entered, upon expiration of the Order, and after notice to the Plaintiff, the Defendant may apply to the Sheriff of Chester County for a weapons return form.(3) The weapons return form required 23 Pa.C.S.§ 6108.1 and C.C.R.C.P. 1901.7.A.(b)(2) shall be in the following form: SEE FORMS INDEX (#1)
(4)(a) In the event the Defendant is deemed ineligible to regain possession of firearms, other weapons or ammunition, the Defendant may appeal the decision of the Sheriff by filing a verified Petition seeking the return of weapons accompanied by a rule returnable and a copy of the itemized list of property issued by the Sheriff at the time of the original seizure.(b) Hearings requesting the returns of weapons shall be scheduled within ten (10) business days. Chest. Cnty. Ct. Comm. Plea. R. 1901.7.A
Amended effective 6/13/2022.For further discussion relating to expungement of Protection from Abuse records, See Carlacci v. Mazaleski, 798 A2d 186 (Pa. 2002).