I have had 3 DUIs. I am currently finishing my parole sentence. Once I have completed that what are the chances of having all or any of of the DUIs expunged from my criminal record? I am hoping to apply to nursing school but can not do so with more than one DUI in the past 5 years on my criminal background. I do understand that this will have no bearing on my record with PennDot.
A conviction for a DUI cannot be expunged. However, if you were placed in ARD which is a first time offenders program, that case can be expunged. It is suggested that you sit down with a criminal defense attorney and they will advise you what can and what cannot be done for you. Good luck.
There are only a few ways to have something expunged in PA. Obviously if you were placed on ARD for one of the cases and completed everything you would be able to get that expunged. Unfortunately if you pled guilty or were found guilty you would have a conviction and this is much harder to have it expunged. In fact, in PA you would have to be 70 years old or dead to have it expunged. You could also try and have it expunged by pardon through the governors office as well. This is something that you will want to have reviewed by an experienced DUI attorney and I would strongly suggest talking with one to go over all your options.
I agree with what other counsel have said. If you successfully completed ARD for the first offense you are entitled to expunge the criminal records of that offense. If you were accepted into ARD for the first offense more than 10 years ago your PennDOT record should no longer reflect the ARD. For the second and third offenses, your only option is to apply to the Board of Pardons for a pardon. However, there is no sense in doing that until at a minimum (a) 10 years have passed from the disposition of your last DUI; (b) you can establish to the Board that you no longer have an issue with alcohol, and haven't had an issue during that 10 years; and (c) that you have a great need for the pardon; and (d) what you have done to deserve the pardon recommendation above and beyond normal law-abiding behavior. The pardon procedures can be seen on the PA Board of Pardons website. I recommend theminimum of 10 years from disposition of the last criminal matter you are seeking a pardon as a rule of thumb I have used for successful pardon applications; it also coincides with the time required to again be considered a first offender for sentencing purposes. Good luck!
As you read above, only an ARD type conviction could be expunged... However, it sounds that its not your goal to have a clean criminal record, but instead to be able to apply to nursing school... My suggestion, apply to a nursing program, if your grades are good, and explain your situation... No one is perfect and may be you deserve a second chance... A work experience in a medical field that is current is a must under your scenario. Good luck.
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