How to get a DUI Record Expunged in PA: Obviously, Pennsylvania criminal records are public information. This means that anyone can go to a local courthouse in Lancaster, Pennsylvania or simply look up a criminal record online. This can lead to potentially embarrassing employment situations where an individual has been arrested, charged with, and convicted of a DUI and a background check is performed by a potential employer. In Pennsylvania, under certain circumstances, criminal records can be erased or expunged. Marinaro Law can help.
Who is Eligible for Expungement? For many first-time DUI arrests, the offender often enters into the ARD program. ARD is the acronym for “Accelerated Rehabilitation Disposition.” ARD is a process by which allows first-time DUI defendants to serve a probationary period, pay fines, and attend alcohol safety courses as an alternative to a guilty plea. When a person completes the ARD program, the charges can be expunged if the person obtains a Court Order, compelling certain agencies such as police departments to destroy their records. With ARD a defendant will never admit guilt to driving while under the influence.
Without ARD, a DUI arrest or conviction cannot be expunged except in very limited circumstances. Under 18 Pa.C.S. 9122, a criminal record history may be expunged if an individual is over 70 years old and free of arrest/prosecution for ten years since the prior release from supervision; if an individual has been deceased for three years; or if an individual petitions the court for the expungement of a summary offense and has been free of arrest or prosecution for five years following the conviction for the prior offense.
How can I get the Expungement for DUI after ARD? For DUI arrests, an expungement in Pennsylvania is obtained through the Court of Common Pleas following the completion of the ARD program. This process can be difficult for the inexperienced person. Marinaro Law will petition the court along with all necessary paperwork. The petition must be approved by a Judge and a Court Order must be obtained by ordering Government Agencies to expunge their records of the DUI. Confirmation from each Agency will be obtained. Our Law Firm will conform to all required PA Rules and submit the petition with the proper fees and costs. Contact Marinaro Law for experienced/competent representation.