Do you have questions about how long a DUI will stay on your record in West Chester, PA? It may be possible to have the DUI expunged, or removed, from your driving record. An experienced West Chester DUI expungement lawyer at DiCindio Law, LLC can help you determine whether you’re eligible.
Our lawyers have over ten years of experience helping clients like you clear their names. We’d be happy to help you understand your legal options if you were convicted of a DUI.
How DiCindio Law, LLC Can Help With a DUI Expungement in West Chester, PA
The best way to keep a clean record is, of course, to avoid drinking and driving. Still, people make mistakes – but those mistakes don’t have to haunt you forever. If you’ve already been convicted, you may have options to clear your record.
DUI expungement is a complex and detailed process. Hiring an experienced West Chester DUI lawyer can greatly increase the chances that the court will grant your expungement request.
When you hire DiCindio Law, LLC, you’ll have an experienced lawyer to:
- Determine whether you’re eligible to have your DUI expunged
- Help you understand all of your legal options
- Complete all relevant paperwork
- Advocate for you in court if necessary
Our West Chester DUI attorneys have the experience you can trust. Our team is led by a former West Chester prosecutor who knows how to negotiate with the other side on your behalf. We’ve been recognized by Super Lawyers and rated among the 10 Best for Client Satisfaction by the American Institute of Criminal Law Attorneys.
Give yourself a chance at a clean slate by calling for a free consultation today.
Overview of the Laws on DUI Expungement in Pennsylvania
In certain situations, it may be possible to have your DUI expunged from your record.
Under Pennsylvania law, expungement is defined as:
- Removing information so that there is no trace or indication that such information existed;
- Eliminating all identifiers which may be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or
- Maintenance of certain information required or authorized under the provisions of section 9122(c) (on expungement), if an individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program
In plain English, expungement is a process where your criminal conviction is removed from your record.
Accelerated Rehabilitative Disposition (ARD) is a type of diversionary program. If you completed the ARD program, you might be eligible to have your records expunged.
What Happens When You Have a DUI On Your Record in West Chester, PA?
If you’re convicted of a DUI under Pennsylvania DUI laws, you can face many different punishments, including:
- Jail time
- Financial penalties
- Attendance at an approved alcohol highway safety school
- Court-ordered alcohol or drug treatment
- Installation of an ignition interlock device
- Driver’s license suspension
- Loss of professional licenses
However, even after you’ve completed your punishment, your DUI can continue to haunt you. Your car insurance rates will almost certainly increase if you’re convicted of a DUI.
Further, DUIs are public record in Pennsylvania. Your DUI will be listed on the National Driver Register with the National Highway Traffic Safety Administration. That information is reported to credit agencies.
So, if you’re applying for a job or trying to find a place to live, your potential landlord or employer will see the DUI if they conduct a routine background check.
Our West Chester DUI expungement attorneys at DiCindio Law, LLC can work to have your DUI removed from your record. If your DUI can’t be expunged, we can also help you obtain limited access relief to minimize the impact of the DUI conviction. Just call our law firm to schedule a free case review today.
Am I Eligible to Have My DUI Conviction Expunged?
To have your DUI expunged, you have to satisfy the requirements of the Pennsylvania expungement law, 18 Pa.C.S. § 9122.
You’ll have to file a petition with the court, providing all relevant information and paperwork, which may include:
- A criminal history request form
- A petition for expungement, which is filed with the clerk of courts
- Proof that you completed the ARD program
- A notarized affidavit swearing that the information you provide is correct
Most DUI expungement requests are based on completing the ARD program. If you were arrested for a DUI, you may have been granted access to the ARD program if:
- You had no prior DUI convictions
- No one was injured or killed
- There wasn’t a minor in the vehicle when you were stopped for the DUI
After you complete the ARD program, your DUI case is technically dismissed. That means you can petition to have the arrest and criminal charge removed from your criminal record. You can also qualify for expungement if your lawyer was able to have your DUI case dismissed.
The expungement process can be complicated. You’ll have to include detailed information on the petition for expungement. If you make a mistake, the court can deny your expungement entirely.
What is Limited Access Status?
Pennsylvania passed a new type of expungement law in 2016. Under the new law, you may be able to prevent landlords, employers, and members of the public from obtaining information about your conviction for a summary offense.
Limited access status doesn’t actually remove the DUI from your record. Much like cases involving juvenile records, it seals your record so that only law enforcement officials and state licensing authorities have access.
To obtain limited access status, you must:
- Complete your punishment and all court-ordered obligations
- File a petition with the courts
- Have remained free of arrest or prosecution for 10 years if your DUI was punishable by at least one year in prison
Limited access status may be an option if your DUI was many years ago. To learn more about this option, give us a call for a free initial consultation today.
Contact a West Chester DUI Expungement Lawyer for a Free Consultation
It’s always a good idea to work with an experienced Pennsylvania lawyer when you’re trying to have a DUI expunged in Delaware County, Montgomery County, Bucks County, or Chester County, PA. To learn more about how DiCindio Law, LLC can help, call to get legal advice from a West Chester DUI expungement lawyer today.