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Procedure for getting a DUI conviction expunged from record in PA state

Scranton, PA |

I am looking into getting a DUI expunged off my record so i can enter an Officers program in the military. I had an ARD for DUI in 1996 and another DUI that was ajudicated in 1/2001. I paid all fines and met all conditions of the court. I have lived as a model citizen since these events. I have gotten two bachlors degrees and 2 masters degree's as well as being a volunteer for many community events. I currently work for the US Government and am a 2nd year student at a local law school. I want to know if I have a chance at expungement, enough time has past, and what I need to do to start the process?

Attorney Answers 2


I practice in CA; here you can start expungement proceedings at the conclusion of probation so you may qualify, depending of course on PA law. You should be aware that in CA at least DUI's stay on your record in the event you are again arrested for the same thing. In other words getting one expunged does not keep it from being a prior offense if you get busted for the same thing again. Since you are considering an officer's program in the military it is worth spending the money to have a lawyer help you sort this out.

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In Pennsylvania you can only get your criminal record expunged if you went through the ARD program, have been deceased for 3 years, or are 72 years old or older & have not been in trouble for 3 years. Since you went through ARD (at least once) that portion of your record can be expunged. After you finish the ARD program, the statutes require your record to be automatically expunged, but not all counties actually comply with this. Sometimes you need to file a Motion for Expungement. If your 2nd DUI did not go through the ARD program, then you cannot get it expunged. Your only option would be to apply to the Governor's Office for a pardon. Good luck!

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