What is the name of your state? Pennsylvania
There is a heated debate going on in my office right now about this regarding one of my co-workers:
Say a DUI offender completes the ARD (Accelerated Rehabilitation Disposition) program, but the offense is not wiped from their driving record 5 years after ARD completion. Is there a period of time after which the DOT can be compelled by the court of the Commonwealth of PA to comply with the expungement?
Would the DUI offender then have any recourse against PENNDOT for not removing this from the driving record and thus causing her insurance rates to skyrocket when her ins company discovered it was present on the DOT record even though her criminal record was completely expunged?
Personally, I can understand the mentality behind PENNDOT's decision to leave the offense on the records of the offenders, since they committed a potentially deadly crime, but is the agreement on PENNDOT's part to remove this offense grounds for a lawsuit on the driver's part, as they have suffered significant financial damages as a result of the DOT's refusal to remove the offense? Damges at this point would be in excess of $7,500 in additional premiums - hardly chump change...
Any educated advice would be appreciated.
There is a heated debate going on in my office right now about this regarding one of my co-workers:
Say a DUI offender completes the ARD (Accelerated Rehabilitation Disposition) program, but the offense is not wiped from their driving record 5 years after ARD completion. Is there a period of time after which the DOT can be compelled by the court of the Commonwealth of PA to comply with the expungement?
Would the DUI offender then have any recourse against PENNDOT for not removing this from the driving record and thus causing her insurance rates to skyrocket when her ins company discovered it was present on the DOT record even though her criminal record was completely expunged?
Personally, I can understand the mentality behind PENNDOT's decision to leave the offense on the records of the offenders, since they committed a potentially deadly crime, but is the agreement on PENNDOT's part to remove this offense grounds for a lawsuit on the driver's part, as they have suffered significant financial damages as a result of the DOT's refusal to remove the offense? Damges at this point would be in excess of $7,500 in additional premiums - hardly chump change...
Any educated advice would be appreciated.
Last edited: