DUI Expungement in Pennsylvania: Clearing Your Record

A DUI conviction in Pennsylvania creates a permanent criminal record that follows you for life. Every time you apply for a job, seek professional licensing, or undergo a background check, that conviction appears. However, Pennsylvania law allows expungement of certain DUI records under specific circumstances, offering a second chance to individuals who meet eligibility requirements.

Expungement completely erases the arrest and conviction records from Pennsylvania's criminal databases, making it as though the offense never occurred. However, Pennsylvania's expungement law is strict, and not everyone qualifies.

This comprehensive guide explains who can expunge DUI records in Pennsylvania, the process for filing expungement petitions, and alternative options when expungement isn't available.

What Is Expungement?

Expungement is the legal process of destroying or sealing criminal records. Once a record is expunged:

• The arrest and conviction no longer appear on background checks

• You can legally answer "no" when asked if you've been convicted

• Employers, landlords, and licensing boards cannot access the records

• State and federal databases remove your information

Expungement offers complete elimination of the record, unlike sealing, which merely restricts access.

Who Qualifies for DUI Expungement in Pennsylvania?

Pennsylvania's expungement laws are among the strictest in the nation. DUI convictions generally CANNOT be expunged. However, exceptions exist:

1. Successful ARD Completion

If you completed Pennsylvania's Accelerated Rehabilitative Disposition program, you can petition for expungement after completing all requirements and waiting any required period. ARD expungement is the most common path to clearing DUI records.

2. Charges Dismissed or Not Guilty Verdict

If your DUI charges were dismissed, withdrawn, or you were found not guilty at trial, you can immediately petition for expungement of the arrest records.

3. Summary Offense Conviction (Five-Year Wait)

Summary offenses (Pennsylvania's lowest level of criminal offense) can be expunged five years after conviction if you've remained conviction-free.

4. Dead Docket Cases

If charges were filed but never prosecuted, and the case has been inactive for 18 months or longer, you may petition for expungement.

5. Age 70 or Older (Ten-Year Wait)

If you're 70 years old or older and have been conviction-free for 10 years following release from confinement, you may petition for expungement of certain offenses.

6. Death of the Defendant

If the defendant has died, family members can petition for expungement.

DUI Convictions Generally Cannot Be Expunged

Unlike many states, Pennsylvania does NOT allow expungement of DUI convictions (misdemeanors or felonies) except through the limited exceptions above. This means:

• A first-offense DUI conviction stays on your record permanently

• Second-offense DUI convictions cannot be expunged

• Felony DUI convictions remain permanently

The only reliable path to expunging a DUI-related record is through successful ARD completion.

ARD Expungement: The Most Common Path

Pennsylvania's ARD program is a pretrial diversion for first-time offenders. Upon successful completion:

• Charges are dismissed

• You have no criminal conviction

• You're eligible to petition for expungement

To expunge ARD records:

1. Complete all ARD requirements (probation, classes, fines, community service)

2. Wait any required period (some counties impose waiting periods)

3. File expungement petition with the court

4. Serve notice on the district attorney and police

5. Attend hearing (if required)

6. Receive court order granting expungement

7. Ensure all agencies comply with the expungement order

ARD expungement typically costs $150-$300 in filing fees, plus attorney fees if you hire counsel.

The Expungement Process

Step 1: Determine Eligibility

Review your case to confirm you qualify under Pennsylvania law. Obtain copies of your criminal record from the Pennsylvania State Police and the court.

Step 2: Prepare Expungement Petition

File a petition with the Court of Common Pleas in the county where you were charged. The petition must include:

• Your name, date of birth, and address

• The offense date and docket number

• The disposition of the case

• The legal basis for expungement

• Whether you've been convicted of other offenses

Step 3: Serve Required Parties

You must serve the petition on:

• The district attorney

• The arresting police department

• The Pennsylvania State Police

• Any other agency with records

Proper service is critical. Failure to serve all required parties can result in denial.

Step 4: Wait for Objections

The district attorney has 30 days to object to expungement. Common objections include:

• You don't meet eligibility requirements

• You have subsequent convictions

• You haven't waited the required time period

• Public safety concerns exist

If no objections are filed, the court may grant expungement without a hearing.

Step 5: Attend Hearing (If Necessary)

If the district attorney objects, the court schedules a hearing where both sides present arguments. You must prove you meet expungement criteria.

Step 6: Receive Court Order

If granted, the court issues an expungement order directing all agencies to destroy records. The order specifies which records must be expunged.

Step 7: Verify Compliance

Ensure all agencies comply with the order. Check your Pennsylvania State Police criminal history and FBI records to confirm expungement is complete.

Alternatives When Expungement Isn't Available

If you don't qualify for expungement, consider:

Sealing (Limited Access)

Some records can be sealed under Pennsylvania's Clean Slate law, restricting public access while keeping records available to law enforcement.

Pardon

You can apply for a gubernatorial pardon through the Pennsylvania Board of Pardons. A pardon doesn't erase the conviction but officially forgives it, which can help with employment and licensing.

The pardon process takes years and requires demonstrating rehabilitation, remorse, and community contributions.

Record Limitation Explanations

When applying for jobs, provide context for your conviction. Many employers value honesty and evidence of rehabilitation over a perfect record.

Common Expungement Mistakes

Failing to Serve All Required Parties

Incomplete service results in automatic denial. Use certified mail or sheriff service to prove proper service.

Missing Deadlines

Expungement petitions have strict deadlines for responses and hearings. Missing deadlines can result in dismissal.

Filing Prematurely

Filing before completing all ARD requirements or waiting required periods results in denial. Ensure you meet all criteria before filing.

Assuming Expungement is Automatic

Even after ARD completion, expungement doesn't happen automatically. You must affirmatively petition the court.

Benefits of Expungement

Successful expungement provides:

• Employment opportunities without criminal records affecting hiring decisions

• Professional licensing eligibility (nursing, teaching, law, medicine)

• Housing applications without criminal background denials

• Restoration of civil rights

• Peace of mind and fresh start

• Ability to honestly answer "no" regarding criminal history

The Importance of Legal Representation

While you can file expungement petitions pro se (representing yourself), attorney representation increases success rates. Attorneys familiar with expungement law:

• Ensure you meet eligibility requirements

• Properly prepare and file petitions

• Serve all required parties correctly

• Respond to objections effectively

• Argue persuasively at hearings

• Verify complete compliance with orders

Most expungement denials result from procedural errors, not substantive ineligibility.

Clean Slate and Automatic Sealing

Pennsylvania's Clean Slate law automatically seals certain records after 10 years for qualifying offenses. However, DUI convictions are NOT eligible for automatic Clean Slate sealing. You must affirmatively petition for expungement if eligible.

Protect Your Future

A DUI conviction doesn't have to define your life forever. If you completed ARD, were found not guilty, or had charges dismissed, expungement offers a path to clear your record and move forward without the stigma of a criminal conviction following you.

Contact Attorney Sean Quinlan if you're eligible for DUI expungement in central Pennsylvania. We'll guide you through every step of the expungement process, ensure all paperwork is filed correctly, and represent you at hearings if needed. Don't let a past mistake continue affecting your employment, licensing, and opportunities. Call today to begin the expungement process and reclaim your future.