Legal Question in DUI Law in Pennsylvania

Hello,

I am writing because I had a DUI in May 2010 in Philadelphia county. I got a lawyer and fought the case, and in the end my case was dropped because lack of evidence and the cop never showed up to the court dates. My lawyer mentioned having to get an expungement, but I am not sure what I would be expunging if the case was completely dropped. I have not ever received anything either about the expungement and the case was dropped in November 2010. Can someone please explain what I should do in this situation and whether or not I have to look in to getting this expunged because I am starting a new job next week. Thank you.


Asked on 1/24/11, 6:55 pm

2 Answers from Attorneys
Justin Gearty Law Office of Justin C Gearty Jr

Every time you are charged with a crime, it is reported to the PA state police and various other agencies. All these agencies will retain copies of these records until an expungement order is received. This charge will show on your criminal background check, but will show charges dismissed. You will need to retain a lawyer and file a petition to expunge this.

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Answered on 1/27/11, 1:47 pm
Ellis Klein Young, Klein & Associates

A rap sheet does not get automatically expunged simply because the charges were dropped. You should really wait for the Statute of Limitations to run which is 2 years before filing for expungement. If you file for expungment too soon, the DA could refile the charges against you. To expunge, a motion must be filed in court, and all agencies that have your name on file (police, courts, etc) must be served a certified copy of the motion.

If you wish to explore filing for expungement, please give me a call at 215-639-5297.

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Answered on 1/27/11, 3:16 pm


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