Record Expungements Explained
If you think it’s easy to have your driving record expunged or removed, think again. In the State of Pennsylvania, the law does allow for record expungements providing one has been free of arrests and prosecution of other crimes for at least five years. Please note, that most traffic violations are what is known as ‘summary offenses.’ These are the most minor types of criminal offenses in Pennsylvania, and often identified as a “non-traffic citation.” Summary offenses can include disorderly conduct, loitering, harassment, and low-level retail theft, among others. A conviction for a summary offense usually results in a fine. That said, when referring to your driving record, the Pennsylvania Department of Transportation, otherwise known as PennDOT, will not expunge points or license suspensions from a person’s Pennsylvania record even if the person obtained an expungement order.
However, that is in most situations. To be eligible to expunge a record, the law must expressly permit it and means you cannot simply file a petition, appear before a judge and explain why you should have your record expunged. There are limitations made by the State from what a judge has the power to do in your and anyone else’s case.
There is a little bit of good news in the event an individual had received a suspension related to underage drinking, especially if the person has successfully served their sentence and turned 21 years of age. Serving the sentence would also include paying fines, if any, and restoring driving privileges. If certain requirements have been met there are laws in place that do in fact allow for the removal of the suspension from their driving record. To expunge the underage drinking suspension, at the Law Offices of Edwin L. Guyer, we don’t recommend going it alone. Mostly because one must know the laws, take the time and file a petition with the Court of Common Pleas in the county in which the offense was filed to begin with.
Individuals that participated in an ARD (Accelerated Rehabilitative Disposition), a prosecutor must agree to your petition and this is very similar to being on probation, thereby eligibility is possible but limited. There are a few caveats. In order to expunge the record, the person could not have a CDL (Commercial Driver’s License) at the time of the offense and did not have their operating privileges revoked during the 10-year period of time for being a “habitual offender.”
If this sounds confusing, that’s because it is and one should absolutely hire an attorney who understands the county and state laws in which they reside. Contact us today for further information regarding record expungements, restoring your driving privileges, and sealing your records. Whether it be for an underage DUI driver or anyone else, the best result may lie in the hands of an exceptional legal team with the know-how and experience. Call 215.542.9333 or email us at elg@paduilawyer.com today!
