A DUI charge can continue to feel like a burden long after your case has ended. Past charges can continue to affect your employment opportunities, reputation, and peace of mind. Our Lancaster DUI defense attorneys are committed to making the expungement process as straightforward as possible while advocating for your interests every step of the way.
Expungement Laws in Pennsylvania
Expungement happens when a criminal record is legally removed from public records, so it generally will not show up in a standard background check. However, even when a DUI record is expunged, that does not mean that every piece of information connected to the case disappears. Pennsylvania law allows certain information about an expunged case to be kept by prosecutors, courts, and the state’s criminal-record system to determine eligibility for certain programs, assist with criminal investigations, or determine the grading of a future offense.
Under 18 Pa.C.S. § 9122, whether your DUI record can be expunged depends on what happened during your case. Potential options may include:
PardonÂ
Pardons may be granted when the government recognizes that an individual made a serious mistake and deserves a second chance. You can apply for a pardon, and whether it will be granted depends on:
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How much time has passed since the offense
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Whether you have received additional chargesÂ
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Whether you completed your sentence and other requirements
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What you have done with your life since the DUI
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Whether there is evidence that you have taken responsibility and changed
When a pardon is granted, the pardoned offense is automatically sent through the expungement process.Â
Accelerated Rehabilitative Disposition
The Accelerated Rehabilitative Disposition (ARD) program is a Pennsylvania program that allows certain individuals—particularly those facing a first-time DUI under specific circumstances—to avoid a conviction entirely. After completing ARD, you may become eligible to have your criminal record expunged.Â
However, if you already have a DUI conviction on your record, ARD generally is not available as a means of expungement.
Clean Slate
In Pennsylvania, Clean Slate limited access is a legal process that can make certain criminal records less visible, but it does not expunge the record. Instead, access to your record is restricted so that certain individuals, employers, or organizations may not be able to view it through standard background checks or criminal-record searches.
Whether a DUI conviction qualifies for limited access depends on several factors, including:
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Whether it was classified as a misdemeanor or felony
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The individual’s overall criminal history
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The amount of time that has passed since the conviction
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Whether all required financial obligations, such as restitution, have been satisfied
Consult Our Experienced DUI Defense Attorneys in Lancaster Today
As former prosecutors, Alex Egner and Jonathan Chieppor bring firsthand experience with the criminal justice system and a deep understanding of how DUI cases are evaluated, providing valuable insight when helping clients pursue expungement.Â
Learn how we can help you by contacting us today online or calling 717-393-1400 to schedule your free consultation. Our Lancaster criminal defense lawyers take on new clients from Lancaster, Berks, and York Counties.
