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DUI in PA - can the record be sealed if it cannot be expunged.
Anonymous2 views2 answers
I had a dui in NJ in 2004. the case was closed and subsequently in 2006 I was convicted of DUI in PA. This one was considered 2 nd offense and I received tough punishment including 30 days weekend incarceration. i have served all court mandated stipulations and compleetd my probation successfully. I also know that my PA DUI conviction cannot be expunged because i pleaded guilty. I am applying for a senior level job where i have to answer yes to criminal record unless the case has been sealed or expunged. i am already aware its not expunged and will not be legible for expungement in future. my question is wether the case has been automatically "sealed" in technical terms or it is not? Can it ever be sealed? if yes then how and when?
Please note that I am only licensed to practice in New Jersey and not Pennsylvania.
In New Jersey, your DWI conviction is not a criminal offense, but rather a motor vehicle offense. That offense will permanently remain on your New Jersey driving record and it can not be expunged or otherwise removed from your New Jersey driving record.
It is my understanding that in Pennsylvania, DWI is a criminal offense.
I have never heard of a case being automatically sealed. I would suggest that you contact your Pennsylvania DWI attorney for advice regarding your particular question.
This answer is being provided for general educational purposes only and does not constitute formal legal advice. No attorney-client relationship has been established. This answer should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
I agree with the assessment of Mr. Tretola. The expungement of motor vehicle violations,including DWI offenses, is not permitted by specific language in the NJ Expungement statute. On the other hand, in NJ this type of offense is not a criminal offense.
In addition to what Mr.Tretola suggested, you could request that the State Police conduct a fingerprint check on you, which will show your complete record, including a reference to a multi-state record if there is anything on your record from PA.
DISCLAIMER
This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is critical to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions.
