i had an rad violation hearing due to payment and i had fulfilled the payment by the violation hearing and " ard lost interest in my case " i want to know if i will still receive the exspungment for ard i have a possession charge along with the DUI charge under ard am a screwed or will i still get the exspungment ? ?
Criminal Defense Attorney
Expungements are not automatic and have to be initiated by petition. If you completed ARD you should be able to secure an expungement. You should retain an experienced criminal defense attorney and have them file on your behalf. Good luck.
Although not stated explicitly it seems to me near certain that you had completed ARD on the first DUI before you caught the second that was handled through Phoenix, otherwise your ARD would have been revoked for the near arrest. So I also conclude that the ARD violation you had for payment obligations came before your second arrest. It therefore sounds like your ARD was completed. If that is so, Allegheny County automatically moves to expunge the record after completion, at least that is the normal procedure. They've found it less time consuming to do it that way rather than deal with a ton of expungement petitions being filed by attorneys. You might check with the DA's office ARD section to confirm my suspicions. While you can probably accomplish over the telephone, I would recommend you going to their office on the Third Floor of the Court House to do it in person. If for some reason the record has not been expunged, ask them whether and how you could go about taking care of it yourself. Plan B for some or all of what I have suggested would be to hire an attorney to handle the communication with the DA's office and, if need be, follow through with the filing of a petition. I assume that you understand the Phoenix hearing was a guilty plea and is not subject to expungement now or in the future, and for enhancement purposes, another DUI arrest would be treated as a third offense with significantly harsher penalties. Good luck.
If you completed your ARD you should be able to get it expunged.
Michael Kotik, Esq.
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