Bisel Logo Pennsylvania ARD Handbook

A Practical Guide to State, County and Federal ARD/Expungement Rules, Cases, Procedures and Forms
2009 Edition

AUTHORS: KAREN G. RICCA, ESQ.
and ARTHUR S. ZANAN, ESQ.

Published: December, 2008
Most recent supplement/update: 2010-2011 supplement; released 6/10; $87.00
(Current Subscriber's Price: $69.50)
Library of Congress Control Number: 2008939051
ISBN: 978-0-9820154-0-7

1 VOLUME; SOFT-BOUND; 768 PAGES; PRICE: $125.00

Throughout Pennsylvania, the Accelerated Rehabilitative Disposition Program exists whereby a person charged with a non-violent offense may earn a dismissal of the charge under certain conditions. Usually the program is known as the ARD program. Standards and rules for eligibility and conditions of ARD programs vary from county to county, and many counties have implemented local ARD rules to supplement state rules.

This handbook answers the following questions:

The handbook is geared to the general practitioner, criminal defense attorney or the attorney who represents clients in employment, administrative or immigration matters. More general practitioners will be able to handle ARD/Expungement proceedings now that such a resource is available to them. These attorneys need to be aware of the options available for clients and learn how to represent them effectively in applying for ARD and clearing their record. Includes Practice Pointers, Commentary, Case Discussion, and all County Rules and Forms!


SUMMARY OF CONTENTS

Introduction

PART I. ACCELERATED REHABILITATIVE DISPOSITION
Pennsylvania State ARD Rules
Part A. Summary Cases
300. ARD in Summary Cases
301. Procedures for ARD in Summary Cases Before the Minor Judiciary
302. Procedures for ARD in Summary Cases in the Court of Common Pleas—Local Option.

Part B. Court Cases
310. Motion for Accelerated Rehabilitative Disposition
311. Application Process and Notice of Motion by Attorney for the Commonwealth.
312. Hearing, Explanation of Program.
313. Hearing, Manner of Proceeding.
314. Deferring Action Upon Admission to Program Before Information.
315. Deferring Adjudication of the Charges Upon Admission to Program After Information.
316. Conditions of the Program.
317. Procedure Upon Refusal to Accept the Conditions.
318. Procedure on Charge of Violation of Conditions.
319. Procedure for Obtaining Order for Dismissal Upon Successful Completion
320. Expungement Upon Successful Completion of ARD Program.

PART II. RELATED ARD STATUTES AND REGULATIONS
Vehicle Code 75 Pa.C.S.
§ 1534. Notice of Acceptance of Accelerated Rehabilitative Disposition
§ 3807. Accelerated Rehabilitative Disposition

Law and Justice 44 Pa.C.S.
§ 2316. DNA Sample Required Upon Conviction, Delinquency Adjudication & Certain ARD Cases

Pennsylvania Code 67 Pa.Code
Chapter 81. Reports to Bureau of Driver Licensing

PART III. EXPUNGEMENT: Statutes
18 Pa.C.S. § 9122. Expungement
18 Pa.C.S. § 9123. Juvenile Records
44 Pa.C.S. § 2321. Expungement
Pa.R.Crim.P. 722. Contents of Order for Expungement

PART IV. LOCAL RULES, PROCEDURES AND FORMS
County (all 43 available counties)

APPENDICES:
Order for Expungement
Petition for Expungement of Record Pursuant to 18 Pa.C.S. § 9122

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