ARD ExpungementsAugust 19, 2009
If you are admitted into the ARD (Accelerated Rehabilitative Disposition) program in Pennsylvania, you successfully complete ARD, and you get a certificate of completion for ARD, you can have your the record of your arrest expunged unless your case is of a sexual nature. You should consider doing ARD expungements as soon as you can because the record of the arrest mostly likely still exists in the Pennsylvania State Police data base.
If you had ARD and did not successfully complete the program, you may still be eligible for ARD expungements. Often the only reason a person’s ARD looks incomplete is that there is an outstanding fine or cost that the person did not know even existed. In that instance, you can still have an expungement.
When ARD is the final disposition of the case, we can almost always figure out a way to get the matter expunged. Always remember that arrests alone still come up in NCIC which is the data base used by the FBI. Therefore, any employer that uses a database for record checks based on the NCIC, will see your arrest even if you had ARD and were never convicted. ARD & Expungements go hand and hand.
ARD Expungements Statute
The expungement statute is clear that ARD completions are to be expunged. Remember there are two types of expungements the kind where the prosecutor can object and the kind where they can’t. Only not guilty and completed ARD are the kinds where the prosecutor cannot object. Therefore, getting the arrest and the ARD expunged are crucial to ensure the incident doesn’t follow you around for the rest of your life.
An exception exists saying certain offenses related to sex crimes where there is a completion of ARD are not expungeable, meaning if you got ARD for one of the following, you cannot seek expungement.
Prohibition.–A court shall not have the authority to order expungement of the defendant’s arrest record where the defendant was placed on Accelerated Rehabilitative Disposition for a violation of any offense set forth in any of the following where the victim is under 18 years of age:
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 5902(b) (relating to prostitution and related offenses).
Section 5903 (relating to obscene and other sexual materials and performances).