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 convictions are specifically excluded from Clean Slate automatic sealing under 18 Pa.C.S. § 9122.2. But a first-offense DUI graded as an ungraded misdemeanor can qualify for petition-based Limited Access after 10 arrest-free years, hiding it from most background checks (but not law enforcement or licensing agencies).

Can I expunge a DUI that was dismissed through ARD?

Yes — this is the most common DUI expungement in Pennsylvania. After successful ARD completion, the DA moves to dismiss the charges, and you can petition to expunge the arrest record. The expungement removes the case from public criminal-record searches, though PennDOT retains driver-history data. It also does not shield you from Act 58 of 2025: a new DUI committed within 10 years of ARD completion can still be charged under the new 75 Pa.C.S. § 3802(h) 'DUI following diversion' offense — graded at the second-offense level.

What if I was acquitted or the DUI was dismissed?

You can petition to expunge under 18 Pa.C.S. § 9122(a). Not-guilty verdicts, dismissed cases (nolle prosequi), and withdrawn charges all qualify for expungement. Filing fees run around $130 plus court costs, and processing takes 60–120 days depending on the 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.

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Three categories of DUI records.

The path to a clean record depends on how the case ended. ARD, acquittal, or dismissal — expungeable. Conviction — rarely, and only for a few narrow categories. Clean Slate — DUI is explicitly excluded. 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.

ARD dismissal

· Expungeable after ARD completion
· Petition filed in county of prosecution
· 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
· Excluded from Clean Slate sealing
· Limited Access possible after 10 arrest-free years

Clean Slate excludes DUI.

The Clean Slate Act automatically seals many misdemeanor convictions after 10 arrest-free years. But 18 Pa.C.S. § 9122.2 explicitly excludes DUI convictions from automatic sealing. Petition-based Limited Access is the closest alternative — same practical effect, but you have to file for it and law enforcement / licensing agencies still see it.

Limited Access, step by step.

For a first-offense ungraded misdemeanor DUI (general impairment), you can petition for Limited Access after 10 arrest-free years. The court seals the record from most employer, landlord, and public background-check databases. Filing fees, notice to the DA, and a hearing (in some counties) are required.

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

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.

[1]18 Pa.C.S. § 9122 — Expungement of criminal history record information.
[2]18 Pa.C.S. § 9122.1 — Limited access (sealing) of criminal records; Clean Slate framework.
[3]75 Pa.C.S. § 3807 — Accelerated Rehabilitative Disposition (ARD) for DUI.
[4]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.

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