How to Get a DUI Expunged in Pennsylvania
Key Takeaways: Pennsylvania DUI Expungement
- In Pennsylvania, certain DUI offenses can be expunged, especially for those who complete an Accelerated Rehabilitation Disposition (ARD) program, which can result in automatic expungement after 10 years.
- DUI expungement is possible for non-convictions, summary offenses, or parts of plea bargains, with specific conditions like a 5-year waiting period post-conviction or 10 years after release from incarceration.
- The ARD program, typically offered to first-time offenders, allows for potential DUI record expungement after completing probation, treatment, and other program requirements.
- Expungement is more difficult for those who did not participate in the ARD program, and eligibility depends on factors such as age, length of time since conviction, and the absence of further legal issues. Consulting a Pittsburgh criminal defense attorney is often necessary to navigate these complex eligibility rules.
- A motion for expungement must be filed in Allegheny County, though automatic expungement occurs after 10 years for ARD participants post-1990.
Having a DUI record in Pennsylvania can be a major setback when it comes to applying for jobs, submitting rental applications, seeking professional licenses, and pursuing opportunities where a criminal background check is required. While many offenses cannot be erased from a criminal record, some DUI offenses can be, especially in cases where an individual participated in an Accelerated Rehabilitation Disposition (ARD) program.
Pennsylvania DUI Expungement Laws
In Allegheny County, a person can expunge certain DUI records, including non-convictions, convictions of summary offenses, and parts of plea bargains. Examples of non-convictions include verdicts of not guilty, dismissals, withdrawal of charges, and ARD completion. Summary offense DUIs can be expunged as long as the defendant has not been arrested or prosecuted for 5 years following the DUI conviction. Parts of a plea bargain package include ARD, Probation Without Verdict (PWV), and Allegheny Service Institute (ASI) programs.
If a defendant has not taken part in an ARD program, the process for getting a DUI record expunged can be more difficult. Generally, a DUI offense may be expunged when an individual:
- Reaches 70 years of age and has not been arrested or prosecuted in 10 years following release from incarceration or supervision.
- Has been deceased for three or more years.
- Petitions a court for the expungement of a summary offense (a minor criminal offense) and has also been free of arrest or prosecution for 5 years following the original conviction.
A person has to wait years after their conviction before being eligible for a DUI expungement in Pennsylvania. The precise amount of time varies depending on a number of factors, including whether the person completed an ARD program. If a person did complete an ARD program, they may automatically have their ARD records expunged after 10 years.
Accelerated Rehabilitative Disposition & Expungement in PA
Pennsylvania’s Accelerated Rehabilitation Disposition (ARD) is a court program typically offered to first-time offenders who are unlikely to drive under the influence of alcohol again. After completing an ARD program, a person may be eligible to have their DUI record erased, after 10 years.
In Pennsylvania, this process of erasing a criminal record is known as expungement. A DUI expungement in PA effectively erases a person’s DUI record and results in the destruction of paper records, the deletion of computer files, and the striking of court documents relating to a DUI conviction.
5 Steps to Getting Your DUI Record Removed Through ARD
- Determine Whether ARD Is Right For You. Speaking with an experienced Pittsburgh DUI lawyer can help you determine whether seeking admission into the ARD program is the best option for you. In many cases, agreeing to take part in the ARD program as part of a plea bargain package is beneficial. However, depending on the strength of the prosecutor’s case and the circumstances of your arrest, it may make more sense to fight your charges.
- Undertake a Full Drug and Alcohol Assessment. A full drug and alcohol assessment may be required if your BAC was over .16, or there are indications that you may need evaluation for counseling or treatment. Undertaking a full drug and alcohol assessment may be required before you are eligible to take part in the ARD program.
- Participate in the ARD Program. Participation in the ARD program can involve probation supervision; drug or substance use evaluation, treatment, and counseling; license suspension; and restitution to those who faced loss as a result of your DUI offense. Participation in the ARD program could take a period of months or years, depending on the circumstances of your case.
- Pay Fees and Costs of Program. Fees associated with the ARD program can include Alcohol Highway Safety School fees and evaluation and treatment costs. Payment of fees and costs may be necessary to meet court-ordered requirements.
- File a Motion of Expungement in the Department of Court Records, If Necessary. In Allegheny County, a criminal record can only be expunged after a motion for expungement is brought to the Department of Court Records Criminal Division and granted by an order of court from the Court of Common Pleas of Allegheny County. For first-time offenders and participants in the ARD program after 1990, this happens automatically after 10 years; for those who participated in the program before 1990, however, an offender must file a motion to expunge their DUI criminal record.
If you are unsure whether you qualify for expungement or need help navigating the ARD process, a Pittsburgh DUI lawyer at our firm can walk you through your options and work toward clearing your record.
Frequently Asked Questions About DUI Expungement in Pennsylvania
Can a DUI be expunged in Pennsylvania?
Yes, DUI expungement is possible in Pennsylvania under limited circumstances. Those who successfully complete an Accelerated Rehabilitative Disposition (ARD) program can receive automatic expungement after 10 years. Non-ARD cases are more challenging but may be expunged when specific conditions are met, such as reaching age 70 with no arrests for 10 years, or being deceased for three or more years. Non-convictions, dismissals, and summary offenses can also be expunged once the required waiting periods have passed. The general Pennsylvania expungement process lays out the filing requirements in more detail.
What is ARD and does it clear a DUI from your record?
ARD (Accelerated Rehabilitative Disposition) is a Pennsylvania court program designed primarily for first-time offenders who are unlikely to reoffend. The program typically includes probation supervision, substance abuse evaluation and treatment, license suspension, and payment of fines and fees. Upon successful completion, ARD participants become eligible for automatic record expungement after 10 years (for participants from 1990 onward), effectively clearing their DUI record. Eligibility for the ARD diversionary program depends on factors like prior offenses, BAC level, and whether anyone was injured.
How long does a DUI stay on your record in PA?
In Pennsylvania, a DUI conviction stays on your criminal record permanently unless it is expunged through the legal process. On your driving record maintained by PennDOT, a DUI is typically retained for 10 years. However, if you completed an ARD program, you become eligible for automatic expungement after 10 years from the date of program completion (for post-1990 participants), which removes the DUI from your record entirely. Without ARD, expungement is significantly more difficult and typically requires meeting stringent eligibility criteria.
Can you expunge a DUI after ARD completion?
Yes, you can expunge a DUI after ARD completion. For participants who completed the ARD program after 1990, expungement occurs automatically after 10 years, with no motion filing required. However, individuals who participated in ARD before 1990 must file a motion for expungement with the Allegheny County Department of Court Records to have their record cleared. Once the expungement is granted, the DUI is removed from your criminal record.
Will a DUI show up on a background check after expungement?
Once a DUI is expunged in Pennsylvania, it should not appear on standard background checks conducted by employers, landlords, or other private entities. The expungement results in the destruction of paper records, deletion of computer files, and striking of court documents. Some federal databases and law enforcement agencies may retain records even after expungement. Our overview of sealing and expunging records in Pittsburgh walks through what to expect during the process.
Our Pittsburgh DUI Expungement Lawyers Can Help You
If you have been convicted of a DUI in PA and are wondering if you might qualify for a DUI expungement in PA, whether or not you have taken part in an ARD program, contact an experienced Pittsburgh criminal defense attorney today.
Living with a DUI record can have a major impact on a person’s life. By contacting one of our DUI expungement attorneys you will be taking the first steps toward getting your DUI record erased. At Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC we will fight to get your DUI record expunged so that you can return to your life unburdened by a criminal record. For a free, initial consultation, call us at (412) 281-2146 or fill out our contact form.
Written & Reviewed By
Michael Worgul, Esq.
Pittsburgh Criminal Defense Attorney
Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC
Pennsylvania Bar · Admitted 2004 · U.S. District Court, Western District of PA
Michael Worgul has practiced criminal defense in Pittsburgh for over 20 years, handling cases across the full criminal spectrum, from misdemeanor traffic charges to federal racketeering. After graduating from Duquesne University School of Law (J.D., 2004), he spent two years representing indigent defendants at the Allegheny County Office of Conflict Counsel before founding his firm in 2008. He has completed 30+ jury trials, compared to a career average of 7 for most attorneys.
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Content reviewed for legal accuracy. This is not legal advice.