Can a DUI conviction be expunged in Pennsylvania?

In almost all cases, no. A DUI conviction cannot be expunged in Pennsylvania under 18 Pa.C.S. § 9122. The only exception: a summary conviction (rare) can be expunged after 5 arrest-free years, and the record of a person who has died or is 70+ with 10 arrest-free years can be expunged.

What about Limited Access under the Clean Slate Act?

DUI is not categorically excluded from Clean Slate. An otherwise eligible ungraded misdemeanor or M2 DUI may qualify for automatic limited access under 18 Pa.C.S. § 9122.2 after seven years and payment of court-ordered restitution. Section 9122.3's offense, criminal-history, and same-case exclusions still apply. Whether a particular M1 DUI qualifies for petition-based relief under § 9122.1 requires case-specific review; the statute's application to that category should not be treated as settled.

Can I expunge a DUI that was dismissed through ARD?

Yes — this is the most common DUI expungement in Pennsylvania. After successful ARD completion, Pa.R.Crim.P. 320(A) directs the judge who dismisses the charges to also order expungement of the arrest record. The Commonwealth may object within 30 days and must show compelling reasons. The expungement does not shield a later case from Act 58 of 2025: a new DUI committed within 10 years of ARD completion can be charged as the separate 75 Pa.C.S. § 3802(h) 'DUI following diversion' offense.

What if I was acquitted or the DUI was dismissed?

An acquittal qualifies for expungement under 18 Pa.C.S. § 9122(a)(4). A dismissal, nolle prosequi, or withdrawal may be expunged by court order under § 9122(a)(2). The procedure and timing depend on the disposition and county.

How long does DUI expungement take in Pennsylvania?

60 to 180 days from filing, depending on the county. The court sends the expungement order to PennDOT, the PSP, and the FBI, and each agency has 30–60 days to comply. Some private background-check databases don't update automatically, so you may need to send them the expungement order directly.

Do I need a lawyer for a DUI expungement?

Not always, but it helps. Expungement filings are technical — wrong docket numbers, missing service on the DA, or improperly captioned petitions get bounced by the court. An attorney familiar with your county's expungement clerk can move a case faster and clean up related summary-offense records at the same time.

DUI Expungement

Expunging a DUI in Pennsylvania.

Pennsylvania has some of the country's most restrictive rules for expunging DUI cases. A conviction almost never comes off, but ARD dismissals, acquittals, and withdrawn charges do. Here's what's actually possible under 18 Pa.C.S. § 9122 and the Clean Slate Act.

Call (717) 724-7503 Schedule a consultation

Free & confidential · Usually a same-day callback

25+ years experience
National College for DUI Defense
Five-star reviewed
BBB A+ Rated

Three categories of DUI records.

The path to a clean record depends on how the case ended. ARD, acquittal, or dismissal — generally expungeable. A conviction is generally not expungeable, but an eligible misdemeanor DUI conviction may be sealed. See the criminal defense practice page for related expungement work, or our DUI lawyers Harrisburg PA page for Dauphin County expungement after ARD. Related: criminal lawyers Harrisburg PA · automatic expungement after a pardon.

ARD dismissal

· Expungeable after ARD completion
· Rule 320 directs dismissal and expungement together
· Removes arrest from public record
· PennDOT retains driver history
· Act 58: a new DUI within 10 years of ARD can be charged under § 3802(h)

Acquittal / dismissal

· Expungeable under § 9122(a) — mandatory
· Not-guilty verdicts, nolle prosequi, withdrawals
· Petition filed with the court that heard the case
· 60–120 day processing window

Conviction

· Cannot be expunged — with limited exceptions
· Age 70+ with 10 arrest-free years
· Deceased defendant
· Eligible ungraded/M2 records may seal automatically
· Seven-year period and restitution rule apply

DUI sealing depends on grading and history.

DUI is not among the offense categories expressly excluded by 18 Pa.C.S. § 9122.3. An otherwise eligible ungraded misdemeanor or M2 DUI may be sealed automatically under § 9122.2 after seven years, with court-ordered restitution paid. Criminal-history and same-case exclusions can still prevent relief.

Clean Slate relief by DUI grade.

Ungraded / M2May qualify for automatic sealing under § 9122.2 after seven years, restitution paid, if § 9122.3 does not exclude the record.

M1Potential petition-based relief under § 9122.1 requires individual legal review. Its application to an M1 DUI should not be stated as settled.

F3 / F2A felony DUI is not within the DUI conviction categories eligible for Clean Slate sealing described here.

What expungement does — and doesn't — remove.

· ✓ Removes case from PA court records (UJS Portal)
· ✓ Removes arrest from PSP criminal-history reports
· ✓ Removes case from FBI record (via court order)
· ✓ Allows you to say "no" on most job applications
· ✗ Does NOT remove PennDOT driver history
· ✗ Does NOT block a § 3802(h) charge under Act 58
· ✗ Does NOT bind private background-check aggregators
· ✗ Does NOT reach news articles or social media posts

Record relief · services

Related record-clearing services.

Expungement usually starts with how the underlying charge was resolved — these are the services that get you there.

FAQ

Frequently asked questions.

Common questions about DUI expungement, ARD dismissals, Clean Slate, and Limited Access in Pennsylvania.

In almost all cases, no. A DUI conviction cannot be expunged in Pennsylvania under 18 Pa.C.S. § 9122. The only exception: a summary conviction (rare) can be expunged after 5 arrest-free years, and the record of a person who has died or is 70+ with 10 arrest-free years can be expunged.
DUI is not categorically excluded from Clean Slate. An otherwise eligible ungraded misdemeanor or M2 DUI may qualify for automatic limited access under 18 Pa.C.S. § 9122.2 after seven years and payment of court-ordered restitution. Section 9122.3's offense, criminal-history, and same-case exclusions still apply. Whether a particular M1 DUI qualifies for petition-based relief under § 9122.1 requires case-specific review; the statute's application to that category should not be treated as settled.
Yes — this is the most common DUI expungement in Pennsylvania. After successful ARD completion, Pa.R.Crim.P. 320(A) directs the judge who dismisses the charges to also order expungement of the arrest record. The Commonwealth may object within 30 days and must show compelling reasons. The expungement does not shield a later case from Act 58 of 2025: a new DUI committed within 10 years of ARD completion can be charged as the separate 75 Pa.C.S. § 3802(h) 'DUI following diversion' offense.
An acquittal qualifies for expungement under 18 Pa.C.S. § 9122(a)(4). A dismissal, nolle prosequi, or withdrawal may be expunged by court order under § 9122(a)(2). The procedure and timing depend on the disposition and county.
60 to 180 days from filing, depending on the county. The court sends the expungement order to PennDOT, the PSP, and the FBI, and each agency has 30–60 days to comply. Some private background-check databases don't update automatically, so you may need to send them the expungement order directly.
Not always, but it helps. Expungement filings are technical — wrong docket numbers, missing service on the DA, or improperly captioned petitions get bounced by the court. An attorney familiar with your county's expungement clerk can move a case faster and clean up related summary-offense records at the same time.

[1]18 Pa.C.S. § 9122 — Expungement of criminal history record information — § 9122(a) covers non-conviction data, unconditional pardons under (a)(2.1), underage drinking under (a)(3), and acquittals under (a)(4); § 9122(b) covers discretionary summary, age-70 and deceased-defendant expungement.
[2]18 Pa.C.S. § 9122.1 — Petition-based limited access (sealing). Act 36 of 2023 reduced the misdemeanor waiting period to 7 years and added § 9122.1(a.1), which allows petition sealing of F3 and ungraded felonies — criminal mischief, criminal trespass, Chapter 39 theft, Chapter 41 forgery and fraud, welfare fraud, and drug qualifying offenses — after 10 years. Felonies of the first and second degree are excluded.
[3]18 Pa.C.S. § 9122.2 — Clean Slate automated limited access — sealing by court order without a petition. Act 36 of 2023 set the periods at 5 years for summary convictions, 7 years for M2/M3 and misdemeanors punishable by no more than 2 years, and 10 years for qualifying drug felonies under § 9122.2(a)(1.1). Conditioned on payment of court-ordered restitution only — unpaid fines and costs do not block sealing.
[4]18 Pa.C.S. § 9122.3 — Exceptions to limited access — offense types and histories that Clean Slate sealing and petition-based limited access do not reach.
[5]Pa.R.Crim.P. 320 — After successful ARD completion, the judge who dismisses the charges shall also order expungement of the arrest record. The Commonwealth may object within 30 days after service of the order, triggering a hearing.
[6]75 Pa.C.S. § 3807 — Accelerated Rehabilitative Disposition (ARD) for DUI.
[7]75 Pa.C.S. § 3802(h) — DUI following diversion (Act 58 of 2025, eff. 12/22/2025) — new DUI within 10 years of completing ARD or a substantially similar out-of-state pretrial diversion program. Under § 3802(h)(2) the prior-diversion element is provable only by a certified PennDOT record under § 6328, a clerk-of-courts record, or a substantially similar certified record from another jurisdiction.
[8]Act 58 of 2025 — Creates a separate 'DUI following diversion' offense addressing Commonwealth v. Shifflett; does not reclassify prior ARD as a §3806 prior offense.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

Free consultation · Calls answered now

The sooner we talk, the more we can do.

Every hour matters in a DUI or criminal case. Call directly and speak with Attorney Quinlan — not an intake desk.