In Pennsylvania, a DUI conviction generally cannot be expunged — DUI convictions remain on your record for life unless you qualify for one of a narrow set of exceptions. The primary path to DUI expungement is successful completion of Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program, available to first-time offenders with no prior criminal record. Outside of ARD, expungement is only available in very limited circumstances. If expungement is not available, Pennsylvania’s Limited Access program may restrict who can view your conviction record.
Criminal convictions can limit a person’s ability to find employment, attain child custody, immigrate, and regain driving privileges. The lawyers at Rubin, Glickman, Steinberg & Gifford P.C. can help you understand your options and petition for expungement if you qualify.
Can a DUI Be Expunged in Pennsylvania?
Generally no — a DUI conviction in Pennsylvania cannot be expunged through the standard expungement process. However, expungement is available in the following specific circumstances.
- ARD program completion — first-time DUI offenders who successfully complete the ARD program are eligible for expungement of the DUI charges; this is the most common path to a clean record
- Charges were withdrawn or dismissed — if you were not convicted, the arrest record may be expunged
- Underage drinking conviction — certain underage alcohol offenses are eligible for expungement after five arrest-free years
- Age 70 or older with 10 arrest-free years — individuals 70 and over who have had no arrests for the past 10 years since completing probation may petition for expungement
- Deceased for three or more years — records may be expunged posthumously
How Do You Qualify for ARD in Pennsylvania?
ARD — the Accelerated Rehabilitative Disposition program — is a pretrial diversionary curriculum offered by county district attorneys across Pennsylvania. To qualify, applicants must generally meet the following criteria.
- First-time DUI offense — no prior DUI convictions or ARD participation on record
- No prior criminal record — typically no prior felony or misdemeanor convictions
- No minor passenger in the vehicle — DUI cases involving a passenger under 14 are typically ineligible
- No serious injury or death caused — accidents resulting in injury or death typically disqualify a person from ARD
ARD acceptance is at the discretion of the county district attorney. Upon completion of the program — which typically includes probation, alcohol highway safety school, fines, and community service — charges are dismissed and the defendant becomes eligible to petition for expungement.
How Long Does a DUI Stay on Your Record in Pennsylvania?
A DUI conviction stays on your criminal record for life in Pennsylvania unless expunged. Pennsylvania participates in the National Driver Registry, meaning other states will also have access to your DUI conviction. Even an ARD notation — though not a conviction — remains on your Pennsylvania driving record for 10 years, after which PennDOT permanently removes it.
What Is Pennsylvania’s Limited Access Program?
Pennsylvania’s Limited Access program, enacted in 2016, allows eligible individuals to have their DUI conviction restricted from view by most employers and landlords — though it remains accessible to law enforcement and government agencies. Limited Access does not erase the record; it restricts access. It may be available to individuals who do not qualify for full expungement. A DUI defense attorney can evaluate whether Limited Access is an option in your case.
How Does the DUI Expungement Process Work in Pennsylvania?
Expungement after ARD completion requires filing a petition with the Court of Common Pleas in the county where the charges were filed. The petition requests that all criminal justice agencies — including police departments, courts, and the Pennsylvania State Police — remove the arrest and charge from their records. Upon a successful expungement, the DUI will not appear on criminal background checks conducted by employers, landlords, or schools. A notation of ARD participation does remain on your driving record for 10 years before PennDOT permanently removes it.
Contact an Experienced DUI Defense Lawyer in Montgomery County
If you have been convicted of a DUI or completed ARD and want to explore expungement, the lawyers at Rubin, Glickman, Steinberg & Gifford P.C. can help review your case, gather documentation, and petition the court for expungement. For more than 65 years, our attorneys have served clients in Montgomery County, Bucks County, Lehigh County, Chester County, Delaware County, and throughout the surrounding areas. Call 215-822-7575 or complete our online contact form today.
