Pennsylvania DMV and expungement of ARD DUI records

[pa-joe]

What is the name of your state? PA

I've been pulled over at the DUI checkpoint in 1999 and went through ARD program. My court records have been expunged. I've been told PennDOT (DMV) will have to expunge their record after 7 years have passed.

In Feb 1, 2004, PA passed a new law that PennDot will automatically expunge ARD DUI notations from the driver's record after 10 years.

My question is since my DUI and subsequent ARD program completion are prior to Feb 1, 2004, do I also have to wait until 10 years for my records to be cleared. I've been told PennDot wouldn't fudge even if there weren't a new law. Do I need to go to the court and force the DMV to clear my record? There isn't anywhere in the new law that it also applies to DUIs prior to Feb 1, 2004.

Thanks

[Bravo8]

You were given false information.

The new law, which took effect in Feb of 2004, expands the period for considering prior DUI convictions when determining the number of offenses. It was previously 7 years, but is now 10 years. In other words, if you had a DUI over 10 years ago and were arrested today, today's arrest would be considered a first offense. Less than 10 years ago, and today's arrest is a 2nd offense.

PennDOT wil not expunge the DUI from your driving history. However, any non-law enforcement use of your driving record will only show offenses up to 10 years ago. If I, as a police officer, request your driving record, I will see the entire record. I've seen records with offenses as far back as the 1970's.

[pa-joe]

I thought the reason why state law makers came up with the 10 year expungment is because of the commonwealth v. MMM. That case was filed since PennDot failed to expunge the ARD-DUI record from MMM's driver's history after 7 years as stated in her ARD program agreement. After the ruling, PennDOT did expunge MMM's records along with other plaintiff in that case.

To be honest, I don't give rat's rear end if police officers have access to my DUI record. They will always have it anyway. All I am asking the PennDOT to do is keep that record from public access and insurance companies. When I signed up for the ARD program and when I checked the state law, it clearly spells out that PennDOT will keep the ARD-DUI license suspension record for only 7 years. The new law changed it to 10 years. But my dui happened before Februray of 2004 and there isn't anywhere in the new law saying that my case also falls under it.

Thanks for your reply though.

[Bravo8]

I don't know the motivation of the legislature in respect to extending the period to 10 years, so I can't comment.

According to the statute, PennDOT has to expunge the record of ARD acceptance after 10 years. However, PennDOT records the actual DUI offense on the driving record, and not just the suspension as result of ARD. I don't know if this is their attempt to circumvent the statute, or if that was the intent of the legislature.

Regardless, I know the public cannot obtain a driving history of more than 10 years. I assume that applies to insurance companies as well, but I cannot say for sure.

[webrecordcb]

As technology advances, these records will be stored and made available in easier to access ways by the authorities themselves.someone can doing it simply speeds up the process.

[ReformedMan]

Originally Posted by webrecordcb

As technology advances, these records will be stored and made available in easier to access ways by the authorities themselves.someone can doing it simply speeds up the process.

What the heck is that supposed to mean?

[paguy88]

The only reason Penn Dot even keeps this is it will hit you harder the next time you get a DUI if with in the 10 year time frame. Increased penalty from the DMV not just the court.

other than that they would have no reason to keep it on a drivers record.

that being said.

It will always be on your Drivers record but in PA you can only get a 3 year history or a 10.

anything beyond 10 years is not revalent.

in terms of insurace I think only 3 years is the time frame to hit you with higher rates.

after 10 years it will vanish.. but Penn Dott still has it just no one can see it. and who cares at that point.. even if Penn Dot has it.. no one will see it and can use it against you.

feel lucky Penn Dot wanted to keep this on your drivers record forever for people to see... courts said they could not.