Expungement

[Steve Hale]

What is the name of your state? PA

I am in the process of hiring an attorney to have a 1990 DUI arrest in PA expunged. I successfully completed the ARD program in '91 and have had no legal issues (other than traffic citations) since.

Questions:

1. What all will actually get expunged by this process? Court dockets? Arrest record? etc? etc?
2. What records will still remain (other than newspaper records) once the expungement is complete and who/what would still have access to them?
3. How long does the process generally take?
4. Typical cost to me for the lawyer, etc?

I plan to ask my lawyer all these same questions once hired (hopefully today or tomorrow), but I believe that reading informed opinions in forums like this often make for more productive conversations with a personal attorney.

Thanks.

 

[FlyingRon]

If your lawyer does it right both the fact the charges were filed will be expunged and the ARD and its completion will be set to "non disclosure." It will disappear from the state/county public access points of background checks and most of the reputable private background check companies. Obviously, anything that showed up in the press will remain or anything that was online and archived by google or archive.org will remain.

The process isn't particularly quick. We're talking five months or so if nothing untoward happens. I just talked to a lawyer about this the other day and he charges $1500 so that's probably in the ballpark.

 

[Steve Hale]

Thanks. He quoted $500 plus any filing fees. Says he can get paperwork down in a week, should have order from a judge in another week but could be months before all the agencies execute things on their end.

 

[xylene]

Something in your favor is that well over 25 years have passed.

I'll ask you a question: What do you want out of this process?

Is your record holding you back in your life or career? Are you looking to travel internationally, or to Canada specifically? Are you subject to a background check and don't wish to disclose this?

Really talk with your lawyer to make sure you are getting what you need out of the process.

 

[Steve Hale]

A couple things:

1. The county where this occurred (where I still live) recently posted all old court dockets on-line. Sure enough, mine is still there. Very easy now for anyone to punch up my name and find it. I know it was always out there, but so easy to find now. Prefer it is not right at everyone’s finger tips.

2. I expect to be retiring in a couple years and would like to do some substitute teaching at a local public HS in my retirement. I know that will require a background check and prefer for this not to come up.

 

[quincy]

Teaching is one of the fields where you must report even expunged offenses. An old DUI should not prevent you from teaching, however.

 

[Steve Hale]

Teaching is one of the fields where you must report even expunged offenses. An old DUI should not prevent you from teaching, however.

Currently (which could change), subs are not asked to self report anything in PA. Not sure about full time teachers; it’s possible you are right there.

If I get asked to self report, I will report the arrest and indicate no-conviction.

Main reason I am doing this is item 1. The teaching thing is just maybe another little reason to do it.

For under $1K, it’s worth it to me.

Just hope the local papers don’t report the expungement, which I have seen them do on rare occasions.

 

[quincy]

You must apply to be a substitute teacher. A federal criminal background check is completed on applicants.

 

[Steve Hale]

You must apply to be a substitute teacher. A federal criminal background check is completed on applicants.

Correct.

 

[quincy]

Correct.

The fact that there was an expungement will appear on the criminal background check. If you do not report the DUI, you can be denied employment.

 

[Steve Hale]

The fact that there was an expungement will appear on the criminal background check. If you do not report the DUI, you can be denied employment.

Thanks. I will answer every question posed to me truthfully and take my chances. If they ask about expungements or arrests, I will disclose it. If they don’t, I won’t. Currently they are not asking for that info.

Regardless, good chance I will be dead by then and won’t be even applying, so I really am not worried about it.

 

[quincy]

Thanks. I will answer every question posed to me truthfully and take my chances. If they ask about expungements or arrests, I will disclose it. If they don’t, I won’t. Currently they are not asking for that info.

Regardless, good chance I will be dead by then and won’t be even applying, so I really am not worried about it.

Being honest with your answers is important.

Good luck.