Under What Circumstances Can An Expungement Order Be Granted or Denied ?

In J.C. v. Department of Public Welfare, 720 A.2d 193 (Pa. Cmwlth. 1998), the Court explained the difference between an expungement order that originates under 23 Pa. C.S. 6341(a)(1) from one that originates under 23 Pa. C.S. 6341(a)(2). An alleged perpetrator of child abuse may require the Department to hold a hearing where an expungement request is denied, if he requests expungement within 45 days of being notified of the indicated report of abuse. The only exception to the 45 day rule is where an alleged perpetrator can show a basis for a nunc pro tunc appeal. Id. at 197. On the other hand, the Secretary retains the authority under Section 6341(a)(1) to expunge a report "at any time." However, if the Secretary chooses not to order an expungement pursuant thereto, her decision may not be challenged in an administrative hearing.