Many people have DUI’s or other criminal offenses which they want off their record.  There are a number of ways to go about this process.  Today we examine Expungement.

Who can apply?

Expungement is limited to cases that were either dismissed by the district attorney, acquitted at trial, or following successful completion of ARD.

Summary offenses that resulted in a conviction are eligible for expungement after 5 or more years if the applicant has been free of any criminal charges in that time period.

Individuals over 70 who have not been arrested for at least 10 years may seek expungement of all charges.

Process

1. Prepare a petition for expungement. Some counties have simple one-page forms to be completed.
2. Collect necessary documents
   1. Full drivers history from PennDOT (cost is $10.00)
   2. Criminal background check through PSP. Can be requested online through Pennsylvania’s epatch system (cost is $8.00)
   3. A copy of the docket sheet showing dismissal of the charges
3. Application is filed in the county where the charges occurred (cost varies greatly depending on county – anywhere from $25 – $300+ for filing fees)
4. Copies of application must be sent to the Court and the District Attorney.
5. The DA has 30 days to file any objection to the petition for expungement. If the DA objects, a hearing will be granted and the DA must show good cause why the expungement should not be granted.
6. Once the petition is granted, a copy of the order must be sent to the District Attorney, the Pennsylvania State Police, the Magisterial District Justice’s officer where the charges originated, the arresting officer/agency, the AOPC (Administrative Offices of Pennsylvania Courts), the Clerk of Courts and the Bureau of Administration.

Chance of success

It is very rare for a DA to object to an expungement and the vast majority of expungements are granted.

The process usually takes between 6 months to 1 year.

Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.