Expunging a record means to remove it from your criminal history. A conviction of driving under the influence can be expunged in Pennsylvania if you have successfully completed the Accelerated Rehabilitative Disposition (ARD) program and at least five years have passed since your conviction. You must not have been charged with any other crimes in the last five years. Having your DUI expunged can help you to obtain jobs that require a clean driving record as well as lower the rate of your car insurance.
Complete a Criminal History Request form SP4-164 (see Resources). Send the form along with a $10 money order or certified check to the State Police Repository.
Pennsylvania State Police Central Repository - 164 1800 Elmerton Ave. Harrisburg, PA 17110-9758
Obtain proof of completion of the Accelerated Rehabilitative Disposition program. This proof can only be obtained from the department that administered the ARD and is required prior to expunging your DUI.
Request a petition or motion for expungement through the clerk of courts in the municipality in which you were convicted of a DUI. Some municipalities have a form to complete, while others request a written letter of request. If a written letter is required, ask the clerk all of the details you are supposed to include in the letter. Always be thorough and honest so as to avoid delays or even denial.
Ask the clerk of courts for the affidavit that is required by law when filing for expungement of a DUI. The affidavit acts as a promise that you are providing the court with accurate information to the best of your knowledge. The affidavit must be notarized.
Return all necessary documents to the clerk of courts in which you received the DUI conviction. The court will notify the district attorney who presided over your case that you have filed for expungement. The attorney will have 30 days to file an objection against your request. If no objection occurs, the judge of the court will likely grant your request. If an objection does arise, a hearing will be scheduled in which you will have a chance to plead your case. Objections usually occur when there is an violation of the ARD agreement.
It is recommended that you consult legal council if you wish to file for expungement of a DUI for which you did not complete the ARD program.
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