Being arrested for a crime, especially one you did not commit, can be a terrifying experience. Regardless of your innocence, the mere fact you were under suspicion at some point in your life can cause many negative repercussions. Years after being found innocent, you may still be turned down for jobs or suffer damage to your reputation for your “criminal record.”  It is for this reason that the state of Pennsylvania allows for the clearing of criminal records at least under certain circumstances. When your records are cleared, most of the information related to you is removed with only small sealed portions remaining should the incidents need to be taken into account at a later date, such as eligibility for probation.

The most common form of record clearing is actually the mostly automatic. Individuals arrested and convicted of DUI are eligible for the Accelerated Rehabilitative Disposition (ARD) the first time they engage in such an offense. If they successfully complete ARD, the record of their Pennsylvania DUI conviction is cleared, though a subsequent offense can reverse this.  The cleared offense may also be considered a prior DUI conviction with a subsequent offense.  This is, effectively, a one-time “get out of jail free” tool.  If your Pittsburgh DUI attorney feels you are unlikely to be convicted, it may be wiser to save it for a time when you are more likely to be convicted.

All other types of record clearing require you to specifically request it via a Petition for Expungement with the Court of Common Pleas in the county where the offense occurred. The filing will initiate a hearing before the judge who will consider whether the information should be expunged. The court will weigh whether keeping the information on file to protect the public is worth more or less than the damage to your reputation and economic advancement.

Your records are only eligible for expungement if there was a lack of prosecution, evidence, or findings of guilt during the trial, there is no ongoing or pending disposition after 18 months, or you are 70 years old or older and have been free of arrest for at least a decade.

Certain actions invalidate your right to clear your criminal record. If anyone besides you was injured due to your driving under the influence of alcohol, you are immediately disqualified for ARD.  Sex offenders similarly do not have access to the expungement process.  It is also important to keep in mind that just because you are eligible for expungement does not guarantee that it will be granted by the court.  This is why it is important to contact an experienced Pittsburgh DUI attorney. It is relatively straightforward to fill out all the forms and earn a hearing without legal counsel, but a proactive attorney can represent you effectively in court and help you achieve the clean record you deserve.