Expunging your Pennsylvania DUI is the first step to a better future. We can help.
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A driving under the influence (DUI) arrest and court record in Pennsylvania may not have to haunt you for life. If the court did not convict you and it instead placed you in an Accelerated Rehabilitative Disposition (ARD) program, you may be eligible to have your DUI expunged.
If a person was convicted of a DUI and not place in ARD, the DUI cannot be expunged under Pennsylvania law as is stands in 2013. A DUI is typically a misdemeanor in Pennsylvania, it is not eligible to be prosecuted as a summary offense, which is lower than a misdemeanor. To see if the law has changed or to be notified if and when it does, free DUI expungement eligibility test.
It is important to note that a DUI in Pennsylvania results in two different types of records. Both records can be very problematic.
The first record is with the Motor Vehicle Department (MVD). This record is what is used by insurance companies when determining rates for insurance. The DMV record is also used to compile a score that could result in the loss of a driving license. According to the DMV web site , three points can be removed from a driving record for every 12 consecutive months without a driving violation that results in new points.
Pennsylvania is a Drivers License Compact state, which means it shares its DMV records with 46 other states. So, the chances are that your driving record will follow you to another state.
The second record is a criminal justice record, which is held and reported at multiple places, including the court and the Pennsylvania State Police (PATCH REPORT). It should also be noted that the State Police share the information with the Federal Bureau of Investigation (FBI). This record, which is made available to the public, stays on a person’s record for life. This can result in employers discriminating on the basis of the DUI record. Not to mention the embarrassment that can come with a DUI record that can be accessed by anyone with a smart phone or computer.
While it is not possible to expunge the DUI record at the DMV, it is possible to expunge the DUI record at the court, which will lead to the DUI record being expunged at the State Police (PATCH REPORT) and the FBI. The Pennsylvania law that allows it is Pennsylvania Consolidated Statutes Annotated Section 9122.
Under Section 9122, a person can return to court after they complete their ARD program and have their record expunged. The public will no longer have access to the DUI record. The Pennsylvania (the Pennsylvania State Police) will keep records of an expunged offense and use it for future investigative purposes only, but not for purposes of impeaching your testimony in court or enhancing your sentence for a future offense. They will not make it available to employers or anyone in the public.
Find out what type of expungement or record clearing you qualify for by taking our free DUI expungement eligibility test.
Mathew Higbee is a recognized authority on criminal record clearing. He has worked on more than 2,000 expungement cases in 6 states. He successfully argued the published case of People v. McLernon which helped define California's expungement law.
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