Many people who are charged with first offense DUI cases are accepted into the ARD program in the county in which they were arrested. While they may be aware of it, often times upon completion of the program, these individuals do not proceed to have the records expunged. In turn, they are left with records of their DUI arrest and entry into the ARD program on their criminal record. A successful expungement would erase that, leaving only limited agencies who are permitted to retain them.
Common occurrences – individuals either believe that the records of their ARD participation and completion were automatically expunged, or they believe their previous attorney expunged it for them. When often times neither is the case.
The expungement procedure/process involves filing required documents, a petition and a proposed order with the Court. As a part of the proposed order, a list of agencies and departments is included. Usually including all of the Courts involved in the case, the central repository, the police departments involved and any other agencies that may have access to the records or case information. If the expungement is granted by the Court, the agencies will be sent the certified order and will be directed to expunge the records. (In some counties the clerk of courts sends the orders, in others the individual or his/her attorney does). Depending on the Court dockets, the number of petitions submitted, and the procedure of the county in which the petition is filed, expungement orders may take many months to be presented to the Court and signed. Making it crucial to prepare and file the expungement quickly after successful completion of the ARD program.
Expungement of an DUI ARD is something that should be taken seriously and followed through on. Any chance someone has to clear their criminal history of arrests or prosecutions will be beneficial to them in their future searches for employment, housing and many other vital portions of their life.
The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.
Michael DiCindio is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale.