Legal Question in Criminal Law in Pennsylvania

Dui / ard

In 2002 I was charged with DUI and the court permitted ARD so as not to have a record (it was told to me that it was to be expunged after 7 years and that it would be in a sealed file with the district attorney's office). A friend's recent search of my name on LexisNexis, however, reveals an offense record [and dispositions] pertaining to the incident: (1) driving under the influence of alcohol [waived for court], (2) driving under the influence of controlled substance [withdrawn], (3) driving under the influence of alcohol & controlled substance [withdrawn] and (4) disregard traffic control device [waived for court]. Is this information supposed to be publicly available given the nature of ARD? What does the ''waived for court'' status on numbers 1 and 4 mean? I know it has not been 7 years yet (at which point it becomes it expunged-I think), but why is this information of record at this point? Will it always be? If it should not, what recourse do I have in removing it? Any assistance with these concerns would be abundantly appreciated. Thank you.


Asked on 9/30/07, 11:22 am

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: Dui / ard

The expungement of your record is not automatic. You must petition the court to remove the record. You should speak with an attorney. I offer free initial consultations.

Read more
Answered on 9/30/07, 11:32 am
Brian Zeiger Levin & Zeiger LLP

Re: Dui / ard

You can file a motion for expungement in the Court of Common Pleas in the county in PA in which your DUI and subsequent ARD occurred. Most people hire a lawyer for this, but you technically can do it yourself. Hiring a lawyer for this is usually better because the lawyer can make sure that the record itself is actually destroyed after the judge grants the expungement. In some counties in PA the expungement is not automatic and in some counties it is included in the fine.

Good Luck. Email me if you have more question [email protected] .

Brian

Read more
Answered on 9/30/07, 8:40 pm


Related Questions & Answers

More Criminal Law questions and answers in Pennsylvania