DUI 3 Years ago

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DUI 3 Years ago

I received a DUI 3 years ago in PA, I live in NJ how does that affect me? Is it still on my record. I am a counselor in a school system in NJ, recently there is a new law where they are doing criminal background checks on employees who work in the educational field. Will this hurt me, this DUI I got 3 years ago?

Asked on May 2, 2009 under Criminal Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A DUI in Pennsylvania will be on your driving record for 7 years.  However it will remain on your criminal record indefinitely.  Most drunk driving convictions are misdemeanors (involving no injury).  But any person convicted of drunk driving - misdemeanor or felony - will have a subsequent criminal record.

There is a process call "expungement' which can clear convictions and/or arrests.  However the statutes governing this process vary from state-to-state.  Since your conviction was in Pennsylvania that state law would apply.  Unfortunately based on my look at the law only non-conviction offenses can be expunged unless you are 70 or older and have had no arrest in the previous 10 years or you have been deceased for 3 years.  Since you seem very much alive and are still working I doubt that either exception applies to you.

Bottom line, if asked about previous criminal convictions on your job application (and virtually all do ask this question) and you did not disclose your DUI you might be in trouble.  It depends on just how strict your employer will be about such matters.

You should note, however, since I'm not licensed to practice in Pennsylvania your best bet is to speak with an attorney who is so licensed; possibly there is an exception to what I stated above.  But be aware that even if you manage to clear your record it won't happen overnight.  You may still have to deal with the consequences of your employment situation.

 

Good luck.


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