Who Is Eligible for DUI Expungement in Pennsylvania?
The eligibility for expungement in Pennsylvania is limited. According to 18 Pa.C.S. § 9122, a person's criminal history can be expunged under three conditions:
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Age and Clean Record: Expungement may be available if you are at least 70 years old and have remained free of arrests and prosecutions for at least 10 years following the completion of your last sentence.
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Deceased Status: Expungement is possible if the person has been deceased for at least 3 years.
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Summary Offense Expungement: Expungement may be possible for a person petitioning the court for the expungement of a summary offense, provided they have been free of arrests and prosecutions for at least 5 years since the end of their last sentence.
In short, to be eligible for expungement, you must be at least 70 years old, deceased for 3 years, or seeking to expunge a summary offense. If you are looking to expunge a more serious offense like a felony or misdemeanor, you will need to explore other avenues. Given that most DUIs fall under misdemeanors or felonies, the usual expungement channels are likely unavailable. For a thorough understanding of your legal options, consult our Philadelphia criminal defense attorneys.
How to Expunge a DUI in Pennsylvania
Expunging a DUI in Pennsylvania often requires alternative methods like the Accelerated Rehabilitative Disposition (ARD) program. The ARD program aims to help DUI defendants avoid jail time and expunge their DUIs. However, specific criteria must be met before entering the program, which can vary by county. For instance, the Philadelphia ARD program typically requires defendants to be first-time DUI offenders. Other counties might have more lenient rules. To determine your county's ARD program criteria, consult our Pennsylvania DUI defense attorneys.
Once admitted to the ARD program, you must comply with all conditions imposed by the court, including alcohol treatment, license suspension, restitution payments, court costs, community service, and any additional conditions deemed necessary. If you successfully complete the program, your charges will be dismissed, and your DUI record can be expunged.
How Long Does It Take to Get a DUI Expunged in Pennsylvania?
Under the ordinary expungement conditions mentioned earlier, it may take a significant amount of time to have your DUI expunged. If eligible, your charges could be dismissed when you turn 70 years old. However, in most cases, DUI charges are likely to remain on your record for life. If you are fortunate enough to enter an ARD program, you could have your DUI expunged much more quickly. Generally, the program lasts a minimum of 6 months to a maximum of 2 years, with an average duration of about 1 year. For detailed information on expunging your DUI, consult our Pennsylvania DUI defense attorneys. Hopefully, you can enter an ARD program and resolve your charges sooner rather than later.
How Much Does It Cost to Get Your Record Expunged in PA?
The cost of expunging your DUIs in Pennsylvania can vary depending on the specifics of your case. Typical fees may include court costs and various filing fees, which can differ from county to county. Before initiating the process, it is advisable to consult our Pennsylvania DUI defense lawyers to understand the expenses involved in expunging your record in your particular county.
Moreover, many ARD programs may require restitution payments to victims. Intoxicated drivers involved in accidents may cause property damage or harm others, resulting in financial obligations. The court may require you to compensate victims for these costs before expunging your DUI through the ARD program. If you are concerned about the financial burden, our Northeast Philadelphia criminal defense lawyers can assist in working with the court to find a solution that allows you to fulfill your obligations without paying the entire amount upfront. However, failure to comply with restitution requirements could jeopardize your completion of the ARD program.
How Long do DUIs Stay on Your Record in PA?
Unless expunged, DUIs typically remain on your criminal record indefinitely. However, it is important to understand that your driving record and criminal record are separate entities. Your driving record may impact future driving violations or offenses, including DUI charges. Pennsylvania follows a 10-year lookback rule, which means only DUIs from the past 10 years are considered when assessing new DUI charges. After 10 years, prior DUIs cannot be used against you. However, it is worth noting that potential employers, especially those requiring driving as part of the job, may still have access to your old DUI records. For comprehensive information on this matter, consult our Pennsylvania DUI defense lawyers.
How Long Does a DUI Affect Your Insurance in PA?
The duration of insurance consequences following a DUI in Pennsylvania may vary based on the circ*mstances of the offense, your history of DUIs, and your insurance provider. Even a single DUI is likely to result in increased insurance costs. More severe DUIs, such as those with the highest BAC levels, may lead to even higher insurance rates or an extended period of increased rates. Drivers with a history of multiple DUIs may face similar consequences. The length of time your insurance is impacted may depend on your insurance provider's leniency. Some providers may automatically reduce your rates to normal levels after a specific DUI-free period, while others may require a request and evidence to prove you are not a high-risk driver. To navigate the complexities of insurance matters following a DUI, it is advisable to consult our Pennsylvania DUI defense lawyers.
Contact an Experienced DUI Lawyer to Help Clear Your Record
If you have been charged with a DUI and seek to expunge your record, our Pennsylvania DUI defense attorneys are here to assist you. Expunging a DUI can be a challenging process, and the ARD program may be the most viable option. Contact The Law Offices of Lloyd Long at (215) 302-0171 for a free case review. Our experienced team will guide you through the expungement process and help you navigate the legal complexities to achieve the best possible outcome.
