Legal Question in DUI Law in Pennsylvania
DUI expungement
I was arrested for a DUI in PA and since it was my 1st offense and I have a clean record, I was offered the ARD program. This does not give me a conviction and if the program is completed, you are allowed an expungement. My question is, with an expungement , does this mean that on employment apps, I can honestly answer no to if I've ever been arrested? I can answer no to the conviction question since I've not technically been convicted but wanted to know about the arrest question. I've never ever been in trouble in my life and I'm having a dfficult time getting past this. I just want my life to be able to move on without having this stigma. I just feel so ashamed and can't believe I'm in this situation but it's definitely a lesson to be learned.
5 Answers from Attorneys
Re: DUI expungement
Most private employers cannot ask about arrests. In Pennsylvania, convictions are the only thing the employer may consider. You should discuss the appropriate answer with an attorney. I provide free initial consultations.
Re: DUI expungement
ard is the best thing going in pa right now on dui cases. its a no brainer. anyone can get a dui. don't be ashamed. doctors lawyers politician professional athletes get duis, don't be ashamed.
as for an employment or any other aspect of your life, you should always be honest.
as for an expungement, the expungement does erase the record of your arrest.
Re: DUI expungement
As far as expungement, I'm not sure how that is working these days. Recently a client contacted me about an old A.R.D. that was expunged by Order of Court years ago. The case still shows on the Pennsylvania state website, however, and kept him from getting a firearm license.
Since the case was already "expunged" by court order, I'm not sure what to do with it. I've suggested to him that we may want to file a Petition to expunge and specifically list the state site but he wants a guarantee and I obviously can't give him one.
Re: DUI expungement
Private employers MAY NOT ask about arrests, only convictions. And, in some cases, only felony convictions.
If an employer asks on the application about arrests, speak with an attorney, as this is an illegal question.
The record of your arrest is erased in an expungement, so it is not discoverable by an employer.
Re: DUI expungement
Private employers MAY NOT ask about arrests, only convictions. And, in some cases, only felony convictions.
If an employer asks on the application about arrests, speak with an attorney, as this is an illegal question.
The record of your arrest is erased in an expungement, so it is not discoverable by an employer.
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