A conviction for driving under the influence of alcohol or controlled substances (DUI) can seriously interfere with other areas of your life. It may make it harder to get a job, and records will likely stay there for a long time.
Generally, a DUI conviction will remain on your criminal record forever unless an attorney helps you have it removed. A standard expungement is possible, but it is granted only under very specific circumstances. You may instead seek a Clean Slate expungement, although you must first meet the eligibility criteria. If you have not yet been convicted, the Accelerated Rehabilitation Disposition (ARD) program can help you completely avoid a conviction, and you will retain your clean criminal record.
Get a free case analysis from our Philadelphia DUI defense lawyers by calling Kenny, Burns & McGill at (215) 423-5500.
How Long Will a DUI Conviction Remain on My Criminal Record in Philadelphia?
After being convicted of a DUI in Philadelphia, it may remain on your criminal record indefinitely. DUIs and other convictions do not fall off your criminal record after a certain period of time. If you are unable to have it removed by other means, it may stay on your criminal record forever.
Fortunately, there are legal avenues you can explore with our Philadelphia criminal defense lawyers that may help you remove the DUI from your criminal record. These methods have their own criteria that you must meet to be eligible.
Can I Remove a DUI from My Criminal Record?
It may be possible to have a DUI conviction removed from your criminal record, but only under very specific conditions. Remember, past convictions never fall off your criminal record after a certain amount of time has passed. In order to remove them, you must explore legal options with an attorney. In some cases, removal might not be possible, and your lawyer can advise you on how to handle the situation.
Preventing a DUI from Remaining On Your Criminal Record
Removing DUIs from your criminal record can be challenging, but there are legal options worth exploring.
Getting the DUI Dropped or Dismissed
Perhaps the most effective way of keeping your criminal record free of DUIs is to have a DUI charge dropped or dismissed. Remember, prosecutors must prove their case beyond a reasonable doubt for you to be convicted. If they do not have enough evidence, or if we have evidence that refutes the charges, we may push for the DUI to be dropped by prosecutors or dismissed by a judge.
Expungement
One option is to have your DUI expunged. When a conviction is expunged, it is treated as though it never happened. It will not show up in background checks, and you do not have to inform anyone of the past DUI.
In Pennsylvania, expungements are somewhat difficult to obtain. Generally, the only people eligible for an expungement are those aged 70 or older who have been free from prosecution and arrest for at least 10 years following the completion of their most recent sentence. Alternatively, a person’s criminal record may be expunged if they have been dead for at least 3 years or if they have a summary offense conviction and have been free from arrest or prosecution for at least 5 years.
Clean Slate Expungement for Misdemeanors
Pennsylvania offers a different kind of expungement, known as a Clean Slate expungement, which may be easier to obtain than a standard expungement.
Under the Clean Slate law, as of 2024, defendants convicted of second and third-degree misdemeanors or other misdemeanors punishable by no more than 2 years in prison may have the conviction expunged if they have remained free from conviction for at least 7 years. This likely applies to most cases, as DUIs are typically charged as ungraded misdemeanors.
Clean Slate Expungement for Felonies
If your DUI was not charged as a misdemeanor, you may still have it expunged under the Clean Slate law. Any qualifying offense – barring certain exceptions – punishable by at least a year or more in prison or jail may be expunged if you remain free from other convictions for at least 10 years.
Accelerated Rehabilitative Disposition (ARD)
If you are charged with a DUI but have not yet been convicted, talk to your lawyer about entering an Accelerated Rehabilitative Disposition (ARD) program. In an ARD program, you must complete certain requirements, and, upon completion, the court may dismiss your charges. ARD is typically available for first-time offenders. If this is your first DUI and nobody was hurt, the ARD program may be helpful.
Keep in mind, the ARD program may help you keep your criminal record clean, but the DUI may still be reflected on your driving record. However, after 10 years, old DUIs on your driving record may not be used against you in new cases.
Can Old DUIs Be Used Against Me in Philadelphia?
It is important to explore legal options for removing old DUIs from your criminal record because they could be used against you under certain circumstances.
If you are ever charged with a new DUI, your old DUIs could make the new charges more severe. The more prior DUI convictions on your criminal record, the severe the new charges and penalties. However, not all DUIs may be considered. Only those within the last 10 years can be used against you this way.
If you have old DUIs that are within 10 years of now, you should consider trying to have them removed from your criminal record. While they may remain on your driving record, they should not be used against you after 10 years.
Frequently Asked Questions About DUIs in Philadelphia
How Long Does a DUI Stay on My Criminal Record in Philadelphia?
A DUI may stay on your criminal record indefinitely or forever if you do not take steps to have it removed. If removed, the DUI may be treated as though it never occurred.
Can I Remove an Old DUI Conviction from My Criminal Record?
Yes. Old DUIs and other convictions may be removed under certain conditions. Standard expungements, Clean Slate expungements, and other options exist to help you clear your criminal record.
How Can I Avoid a DUI Conviction in Philadelphia?
You can hopefully avoid a conviction on your criminal record in the first place by hiring a lawyer and entering an ARD program. Upon completion of the program, the court may dismiss your charges, leaving you with a clean criminal record.
How Long Can Old DUIs Be Used Against Me?
An old DUI may be used against you in new DUI cases for up to 10 years. However, even after 10 years, a DUI will stay on your criminal record unless you get a lawyer to help you remove it.
Do I Need a Lawyer to Remove a DUI from My Criminal Record?
You are not required to hire a lawyer to have your DUI removed from your criminal record, but your attorney should make the process much easier. It is a good idea to get a lawyer to help you.
How Long Does it Take to Remove a DUI from My Criminal Record?
The time it takes to remove a DUI from your criminal record will vary based on the method you choose. Expungements often require filing a petition with the court, and there may be a hearing. Clean Slate expungements, however, may happen automatically in certain cases.
Call Our Philadelphia DUI Defense Attorneys for Legal Help Today
Get a free case analysis from our West Chester, PA criminal defense lawyers by calling Kenny, Burns & McGill at (215) 423-5500.
