As we have previously discussed, when you are arrested and you are NOT convicted of any crime and you do NOT plea guilty to any crime, you can have the record of your arrest expunged in Pennsylvania. However, if you are convicted or plea guilty to a summary offense, you can have the conviction of the summary expunged if you wait five years and stay out of trouble during that five you period of time. However the topic becomes confusing and muddled when you combine summary offenses, alcohol, & expungements. Hopefully I can clear it up.

An exception exists to the five year waiting period. The exception is directly written into the expungement statute at 18 Pa.C.S. sec. 9122(a)(3) as:

a person 21 years of age or older who has been convicted of a
violation of section 6308 (relating to purchase, consumption,
possession or transportation of liquor or malt or brewed beverages)
petitions the court of common pleas in the county where the conviction
occurred seeking expungement and the person has satisfied all terms and
conditions of the sentence imposed for the violation, including any
suspension of operating privileges imposed pursuant to section 6310.4
(relating to restriction of operating privileges). Upon review of the
petition, the court shall order the expungement of all criminal history
record information and all administrative records of the Department of
Transportation relating to said conviction.

This means that if you are convicted of a summary offense under 18 Pa.C.S. 6308, you are over 21 years old and you have satisfied all of the requirements from the initial sentence, your summary conviction shall be expunged without the five year waiting period. 18 Pa.C.S. 6308 involves summary offenses related to alcohol.

Therefore, your under aged drinking conviction can get expunged in less then five years.

9 comments on “Summary Offenses, Alcohol, & Expungements

  1. if you have a summary for retail theft/conspiracy and community service plus court fees were completed how do you get the record expunged and how much will it cost

  2. If the matter was in community court in Philadelphia County, you must get a withdrawn or a dismissal from the case at community court first. After that time, you can get the case expunged through the normal expungement methods.

  3. I was arrested and charge with an underage and public drunkenness. I was obviously publicly intoxicated, although I was not bothering anyone and was just walking down the street. I was coherent and responded to the officers questions respectfully, although my words may have been slurred due to my intoxication. Is there any chance I can get out of the public drunkenness charge? Also I plan on making a plea of not guilty, will i need a lawyer at my court hearing?

  4. @Joe: My answer is markedly different if you are over 21 versus under 21. If you are under twenty one, the District Attorney may be most interested in going after your license because under age public drunkenness conviction result in a license suspension and most district attorneys are pretty serious about that. If you are over 21, I am sure you can work it out with the district attorney or the judge.

    As far as having a lawyer, the person who represents himself has a fool for a lawyer. Good Luck!

  5. I received an underage citation- 6308(a) recently in PA. I am a resident of NJ. I blew a .07 (was it required because they saw an open container in the back of the car? our driver blew a .00). I know I don’t have much of a case, but what are my options? I do not want my license suspended- but if it is, does this only affect my driving privileges in PA and not NJ?

  6. I plead guilty to an underage drinking citation in PA and attended the youth offenders program to have it expunged from my record. Will the charge still show up on a NCIC background check for government jobs? I am currently in college studying in hopes of attaining a career in government and was wondering if I need to seriously consider changing focus.

  7. Will pending summary public intoxication show up on a NCIC check ? I got cited by PSP , months later went to court ( Never arrested on this summary summons by mail ). Judge said he will dismiss case after 40 hours of community service . I’m almost done with community service & in process of getting federal job . Will it show up ?

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