Many people think an underage drinking record goes away once the case ends or after turning 21. Pennsylvania law does not automatically erase an underage drinking record when a person turns 21. A charge or conviction stays on your record unless the court approves an expungement. Knowing the rules early can help a person evaluate how the record may affect future educational, employment and other opportunities.
Underage alcohol offenses that may create a court record
An underage alcohol charge can create challenges that last well beyond the case itself. Common violations include:
- Purchasing, possessing or consuming alcohol: Pennsylvania law prohibits people under 21 from purchasing, attempting to purchase, possessing, consuming or knowingly transporting alcoholic beverages.
- Using false identification: A person under 21 may face a separate charge for using false identification to purchase or attempt to purchase alcohol.
- Driving after drinking: Pennsylvania applies a lower BAC threshold to underage drivers. Drivers under 21 can face DUI charges if their blood alcohol concentration (BAC) reaches 0.02% or more.
The consequences depend on the specific charge and circumstances. A conviction may lead to fines, a driver’s license suspension, alcohol safety school and required alcohol-related education or other court-imposed conditions.
Who can qualify for expungement for an underage drinking charge?
Pennsylvania law allows certain underage drinking records to be expunged when the person meets the applicable legal requirements. In many cases, Section 9122 may allow expungement of a Section 6308 conviction when the person: has reached age 21, and has satisfied all terms and conditions of the sentence. Charges that were dismissed, withdrawn or resolved may qualify for expungement under different rules and may not require the person to wait until age 21.
The Pennsylvania expungement process
Expungement takes more than meeting the legal requirements. A person generally must file a petition requesting the court to remove the record. The process usually includes:
- Filing a petition: Submit a Petition for Expungement with supporting information in the appropriate county.
- Completing the filing process: File the required forms, pay the applicable filing fee and attend a hearing if the court schedules one.
- Waiting for the court’s decision: A judge reviews the petition and any response from the prosecutor before the final ruling.
The right legal steps can help protect future opportunities. An experienced attorney can review your eligibility, prepare the petition and help guide the expungement process.
A fresh beginning may be possible
Once a person becomes eligible, addressing a criminal record promptly may help reduce questions during future educational, employment or licensing reviews. Because eligibility depends on the charge, case outcome and completion of any sentence, having a lawyer review the court record can help identify the appropriate next step.
