In Re: Public Access Policy of the Unified Judicial System of Pennsylvania Case Records of the Appellate and Trial Courts

LIMITS ON PUBLIC ACCESS TO UNIFIED JUDICIAL SYSTEM CASE RECORD OF THE APPELLATE AND TRIAL COURTS Subject Area Record Description Accessibility Authority Civil Jurors Notes. No Public Access. Collected and Pa.R.C.P. No. 223.2. destroyed post-trial. Commonwealth Court Child Line Registry Cases. No Public Access to documents in Admin. Order No. 126 Misc. the case except Orders and Docket No. 3 (February 8, Opinions wherein the court shall 2013). use initials of the minor child involved rather than full name. Criminal Juror's Address. No Public Access. Commonwealth v. Long, 922 A.2d 892 (Pa. 2007). Criminal Sealed affidavit of probable cause for a No Public Access while sealed. Pa.R.Crim.P. 211. search warrant. The affidavit may not be sealed for more than 60 days unless an extension is received. Extensions may not be longer than 30 days, but an unlimited number of extensions are available. Public may access the affidavit after it has been unsealed. Criminal Unexecuted Search Warrant. No Public Access until warrant is Pa.R.Crim.P. 212(A). executed. Criminal Arrest Warrant Information. A court may delay public access Pa.R.Crim.P. 513(C), for good cause for up to 72 hours. Pa.R.Crim.P. 513.1. In addition, a court may seal arrest warrant information for a longer period of time. Criminal Motion filed by attorney for the No Public Access - the motion Pa.R.Crim.P. 556.2. Commonwealth to present the matter to and order are sealed. an indicting grand jury and subsequent order. Page 1 of 6 LIMITS ON PUBLIC ACCESS TO UNIFIED JUDICIAL SYSTEM CASE RECORD OF THE APPELLATE AND TRIAL COURTS Criminal All indicting grand jury proceedings No Public Access. Disclosure Pa.R.Crim.P. 556.10. and related documents. may be granted to attorney for the Commonwealth, defendant in a criminal case, witnesses, law enforcement personnel, and upon motion when necessary. Criminal Sealed indictments. No Public Access. Pa.R.Crim.P. 556.11(E). Criminal Sealed records concerning mental No Public Access. Pa.R.Crim.P. 569. health experts. Criminal Sealed written statements pertaining to No Public Access. The entire text Pa.R.Crim.P. 573(F). protective orders. of the statement shall be sealed and preserved in the records of the court to be made available to the appellate court(s) in the event of an appeal. Criminal Sealed plea agreement. No Public Access. Pa.R.Crim.P. 590. Criminal Juror qualification forms. No Public Access. Pa.R.Crim.P. 625(A)(3). Criminal Juror information questionnaires. No Public Access. Questionnaires Pa.R.Crim.P. 632. are retained in a sealed file and shall be destroyed upon completion of the jurors' service, unless otherwise ordered by the trial judge. Criminal Sealed verdict. No Public Access. Pa.R.Crim.P. 649. Criminal Notes taken by jurors. No Public Access. Pa.R.Crim.P. 644(B)(7). Criminal Pre-sentence reports and related No Public Access. Pa.R.Crim.P. 703(A). psychiatric psychological reports. Criminal Records revealing the names of human No Public Access, unless 18 Pa.C.S. § 3019(a). trafficking victims. otherwise ordered by a court in a prosecution involving a victim of human trafficking. Page 2 of 6 LIMITS ON PUBLIC ACCESS TO UNIFIED JUDICIAL SYSTEM CASE RECORD OF THE APPELLATE AND TRIAL COURTS Criminal Wiretap applications, final reports and No Public Access except upon 18 Pa.C.S. § 5715. orders. showing of good cause before a court of competent jurisdiction. Subject Area Record Description Accessibility Authority Criminal Names of minor victims of sexual or No Public Access. Records 42 Pa.C.S. § 5988. physical abuse. revealing a victim's name are sealed. A minor victim who is 18 years of age or older at the time of the commencement of the prosecution may waive this protection and allow the court to release the name of the minor victim. Domestic Relations Information regarding the registration, No Public Access via internet 18 U.S.C. § 2265(d)(3). filing of a petition for, or issuance of a publication, if such publication protection from abuse in either the would be likely to publically issuing or enforcing State. reveal the identity or location of the protected party. Domestic Relations Social security number of any No Public Access. 23 Pa.C.S. § individual subject to a divorce decree, 4304.1(a)(3). support order, paternity determination, or acknowledgement of paternity, which is required in all records of those matters. Domestic Relations Child Support Records No Public Access, except for 42 U.S.C. §§ 654 (26)(A), PACSES dockets, court orders 654a(d)(1)(A); 45 CFR §§ and opinions. 303.21(c)-(d), 307.13(a)(1); 23 Pa.C.S. §4304.1(d); Sections 2.4 and 3.4 of the Cooperative Agreement. Page 3 of 6 LIMITS ON PUBLIC ACCESS TO UNIFIED JUDICIAL SYSTEM CASE RECORD OF THE APPELLATE AND TRIAL COURTS Subject Area Record Description Accessibility Authority Domestic Relations (a) Subject to any inconsistent general No Public Access. 23 Pa.C.S. § 4305 rules and to the supervision and (a)(10)(ii)-(iii). direction of the court, the domestic relations section shall have the power and duty to:… (10) Implement safeguards applicable to all confidential information received by the domestic relations section in order to protect the privacy rights of the parties, including:... (ii) prohibitions against the release of information on the whereabouts of one party or the child to another party against whom a protective order with respect to the former party or the child has been entered; and (iii) prohibitions against the release of information on the whereabouts of one party or the child to another person if the domestic relations section has reason to believe that the release of the information on the whereabouts of one party or the child to another person if the domestic relations section has reason to believe that the release of the information may result in physical or emotional harm to the party or the child. Page 4 of 6 LIMITS ON PUBLIC ACCESS TO UNIFIED JUDICIAL SYSTEM CASE RECORD OF THE APPELLATE AND TRIAL COURTS Subject Area Record Description Accessibility Authority Domestic Relations List of weapons ordered to be No Public Access, except (A) 23 Pa.C.S. § 6108(a)(7)(v). relinquished by the defendant in an upon an order of the court granted action for protection from abuse. upon cause shown; (B) as necessary, by law enforcement and court personnel; or (C) after redaction of information listing any firearm, other weapon or ammunition. Domestic Relations All records pertaining to a confidential No Public Access, except for the 23 Pa.C.S. § 6703(d); see address for individuals participating in substitute address provided by the also 23 Pa.C.S. § the Office of Victim Advocate's Office of Victim Advocates. 5336(b)(1). Address Confidentiality Program. Juvenile Court Juvenile Dependency and No Public Access; except as set 42 Pa.C.S. § 6307; Delinquency records. forth in 42 Pa.C.S. § 6307, Pa.Rs.J.C.P. 160, 1160. Pa.Rs.J.C.P. 160 and/or 1160, including with leave of court. Orphans' Court Proceedings related to appointment of Shall be closed to the public upon 20 Pa.C.S. § 5511(a); In re guardianship for incapacitated persons. request of the alleged Estate of duPont, 2 A.3d incapacitated person or his 516 (Pa. 2010). counsel. After the individual's death his/her estate may access the record of the guardianship proceedings. Orphans' Court Records required for foreign adoption No Public Access unless a court 23 Pa.C.S. § 2908(F); decrees. order is granted upon good cause. Pa.O.C.R. 15.7. Page 5 of 6 LIMITS ON PUBLIC ACCESS TO UNIFIED JUDICIAL SYSTEM CASE RECORD OF THE APPELLATE AND TRIAL COURTS Subject Area Record Description Accessibility Authority Orphans' Court Adoption records. No Public Access unless 23 Pa.C.S. § 2915; see also otherwise ordered. 23 Pa.C.S. § 2906; Pa.O.C.R. 15.7. Orphans' Court (Family Applications of a minor for judicial No Public Access; sealed dockets, 18 Pa.C.S. § 3206(f); Court in Philadelphia approval of decision to have an and documents shall be Pa.O.C.R. 16.2 and 16.6. County or Juvenile abortion, under the Abortion Control maintained in a closed file marked Note also Pa.R.J.A. No. Court Section of Family Act, as well as proceedings and the "confidential" and identified by 2157 and Pa.R.A.P. 3801. Division in Allegheny name of the minor. case number only. County Pa.R.J.A. 2157) General For certain offenses graded as a No public access. The court shall * Act 5 of 2016 effective misdemeanor of the second or third not release the information to an November 14, 2016 which degree, any information relating to the individual, noncriminal justice in part creates 18 Pa.C.S. § conviction, arrest, indictment or other agency or an internet website. 9122.1 and amends 18 information leading to the conviction, Pa.C.S. § 9121. arrest, indictment or other information. General Records concerning persons in Limited Public Access in 50 P.S. § 7111. treatment under the Mental Health compliance with the Mental Procedures Act. Health Procedures Act and controlling case law. General Court documents, rules, or orders in Any party may request proceeding 4 Pa.C.S. § 1518.2(b). Gaming Law proceedings. and record to be sealed if in best interest of any person or Commonwealth. General Proceedings and records involving No Public Access. 42 Pa.C.S. §§ 6303(c), juveniles charged with a summary 6307(c), and 6336(g). offense before the minor judiciary, the Philadelphia Municipal Court or a Court of Common Pleas. *Note this may not be a complete listing; the public and court staff are directed to consult federal and state statutes, court rules or case law. Page 6 of 6