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When will a dui be removed from the district court records?
Anonymous6 views6 answers
My daughter had a dui and she opted for ARD. The ARD requirements are complete and the record has been removed from the common pleas court on the Unified justice system website but still shows on the magisterial district court website. Will that be removed also and if so, when? Thanks.
The granting of an expungement order is automatic after ARD in some counties, and in others it must be affirmatively sought. Your daughter should verify with the attorney who represented her how your county addresses this to be sure that further motions are not required. Expungement also takes time. I frequently warn that it can take up to a year to be completely removed from all official criminal records. Given that the common pleas docket has been removed, which would not occur otherwise, I suspect that the expungement order has been signed and the issue is time, but she should check with her attorney to be certain.
Douglas Lee DolfmanCriminal Defense AttorneyPhiladelphia, PA ·
Hi, you need to have a criminal attorney file an expungment petition to have it completely cleared off the court record and all data bases. It is not difficult to do, just make sure you have a lawyer file it who knows what they are doing.
You should contact the lawyer that handled the case. I am not sure but Lehigh County may have automatic expungement. If that is the case, then it is simply a matter of the District Court receiving the signed certified order and then they will destroy the records. You may not have to spend anymore money so that's why I would start there.
If it is not automaticallly expunged in that county, you must file an expungement petition to remove it from her record. It takes several months to have it completely removed. You may also want to run her rap sheet on the PA State Police website. Chances are it will appear there if it is still showing in District Court
William Ray PelgerCriminal Defense AttorneyMunhall, PA ·
The DA in Allegheny County, does the expungement for the defendant who has successfully completed ARD and it doesn't take long. Every county in PA is different and perhaps your county does not expunge upon successful completion of ARD. Call and ask. My feeling is that the case is off the UJS website because there was no conviction and that it still appears elsewhere because the arrest records were not expunged. If I am correct, hire an attorney to expunge the arrest record.
