If somebody gets a first time DUI in the state of Pennsylvania, and either the case is dismissed or the person goes through the ARD program, then the next step is to get the DUI arrest expunged from the person’s criminal history. And usually that is done by the attorney, such as myself, an experienced DUI lawyer, who will file a petition and an order with the Court of Common Pleas for the expungement to occur. And basically we will usually get the consent from the District Attorney’s office as well, and then the paperwork will go to the Court of Common Pleas judge, who will sign the order.
The order then we get certified copies and we will send it out to the various agencies who have documentation on our client’s case. And usually the agencies consist of the District Attorney’s office, the district court, the Court of Common Pleas, the court administration, the probation office, and more importantly, the Pennsylvania State Police. A certified copy must go to the Pennsylvania State Police, because they are the ones who control the NCIC, the FBI database, and they will make sure that the DUI arrest that appears on your national crime history will be expunged.