Accelerated Rehabilitative Disposition (ARD) Program

Accelerated Rehabilitation Disposition, or “ARD”, is a pre-trial intervention program that is designed to divert first-time, non-violent offenders from the criminal justice process.  Many people who apply for admission into the Accelerated Rehabilitation Disposition (ARD) Program in PA are people who have been charged with Driving Under the Influence / DUI.

The Accelerated Rehabilitation Disposition (ARD) Program suspends the criminal justice process while the person is on ARD probation and complies with certain conditions.  If a person successfully completes the ARD program, the charges are legally dismissed.

To be admitted into the Accelerated Rehabilitation Disposition (ARD) Program, on a DUI or any other charge in PA, a person must be recommended by the District Attorney’s Office.  A judge may not admit a person into the ARD Program on his or her own.  After the DA’s Office recommends someone for admission into the ARD Program, a judge decides, at a hearing, whether to accept the recommendation. 

A person makes application for admission into the ARD Program by submitting an application to the DA’s Office prior to any application deadlines.  The DA’s Office then makes a decision whether to recommend a person for admission into the ARD program.  For the most part, this decision cannot be appealed. 

It is important to note that the Accelerated Rehabilitation Disposition (ARD) Program is a pre-trial program, meaning that a person must apply for admission into the ARD program prior to trial.  If a person chooses to exercise his or her right to a trial and is convicted, that person may not then be admitted into the ARD program.  Accordingly, it is important to carefully evaluate any potential trial issues in the early stages of the criminal justice process and before the deadline for applying for admission into the ARD Program.

Decision to Seek Accelerated Rehabilitation Disposition (ARD) Program on a DUI Charge

Attorneys and clients should carefully evaluate whether admission into the Accelerated Rehabilitation Disposition (ARD) Program is truly the best option.   Attorneys who automatically assume a client should apply for ARD, without evaluating the strength of the Commonwealth of PA’s case, can do their clients a disservice. 

There are many factors – including the strengths and weaknesses of the Commonwealth’s case – that the client and attorney should carefully consider in making this determination.  Any decision to apply for admission into the Accelerated Rehabilitation Disposition (ARD) Program should only be made after the attorney has fully evaluated the case and discussed with the client the available options and the consequences of every course of action.

If the Commonwealth of PA has a strong case, and the person may qualify for admission into the Accelerated Rehabilitation Disposition (ARD) Program, the person may decide to seek admission into the ARD program.  There are certainly many benefits to the ARD Program as opposed to a conviction.  These benefits include:

• No jail time.  A person who is accepted into the ARD Program in PA avoids mandatory minimum prison sentences which accompany most DUI convictions.
  
  
• Greatly reduced license suspension.  People who are admitted into the ARD Program will have a DUI license suspension that is far less then the one-year PA license suspension that accompanies most DUI convictions.    In Montgomery County, PA, people with lawyers may apply for the “ARD Fast Track” Program which can result in a PA license suspension of as little as one or two months.
  
  
• Expungement of criminal charges .  People who successfully complete all the terms and conditions of the ARD Program in PA are eligible to have all records of the arrest and ARD disposition expunged (destroyed) from PA government agency files and databanks.

By statute, PA county district attorneys offices are permitted to have their own unique criteria and conditions for admission into an ARD Program.  It is important to understand that cases that may qualify for ARD in one county might not for another. 

It is important to note that when a person is charged with DUI following an accident with injuries or property damage, he or she may not be entitled to admission into the Accelerated Rehabilitative Disposition (ARD) Program.  In such cases it is critically important to retain an experienced criminal defense attorney.  Please contact the Law Office of Henry S. Hilles, III in Montgomery County, PA for further information and clarification.

Expungement of Criminal Records, Montgomery County, PA

Expungement of criminal convictions in PA refers to a legal process by which the record of a person’s arrest, case disposition and/or conviction is destroyed.  The purpose of expunging a criminal record in PA is to ensure that any record of an arrest or disposition is removed from criminal history records so that there is no trace or indication that such information ever existed.

It is important that people who are entitled to a clean criminal record in Pa follow through and have their record expunged.  When a potential employer or other entity conducts a criminal background check, they will uncover records of prior arrests and dispositions unless a person’s record has been legally and physically expunged.

People who have completed the Accelerated Rehabilitative Disposition (ARD) Program in PA are entitled to have their record expunged after the period of probation has expired.  This does not happen automatically.  The attorney for the person seeking expungement must file a petition with the Court of Common Pleas requesting a court order that any records of the arrest and ARD disposition must be destroyed.  The attorney must then obtain certified copies of this order (i.e., copies stamped with the seal of the County Clerk of Court's Office) and serve a certified copy on each PA or federal government department and agency having any record of the arrest and/or ARD disposition.

Montgomery County, PA Expungement Lawyer

The Pennsylvania (PA) Criminal History Record Expungement Act provides for when criminal history information must be expunged.  This law applies to the expungement of juvenile and adult offenses in PA.  It is important to know that in certain situations, PA courts have the authority to order the expungement of records even absent express statutory authority.  This is one reason it is important to retain an attorney who is knows PA expungement law and when persons are entitled to have criminal records expunged.

The PA Criminal History Record Expungement Act does not grant a person the absolute right to have charges expunged when charges are dropped (such as after an ARD disposition) or when there is a finding of not guilty.  Rather, the court must use a balancing test to determine whether the petitioner’s interest in having his record expunged outweighs the Commonwealth’s interest in retaining such records.

A person desiring an expungement of criminal records, following an ARD disposition or a finding of not guilty, must file a petition requesting the court to review whether a criminal record should be expunged.  Where charges have been dismissed and/or the petitioner has completed the ARD program, a court must consider whether an individual may suffer serious harm from the Commonwealth’s retention of the arrest records.  Due process requires the Commonwealth to present compelling evidence justifying the retention of arrest records.  Among other factors, the court must weigh the Commonwealth’s interest in retaining such records versus the potential damage to the individual in not having his record expunged. 

Expungement of DUI / ARD Dispositions

People who successfully complete the ARD Program in PA may petition the court to have their criminal record expunged.  Criminal records should be expunged, if possible, so that employee background checks do not uncover records of the arrest and ARD disposition.  To do this one must obtain a court order providing that all records connected with the charge be expunged and destroyed.  This order should direct all recipients to produce an affidavit assuring that all documents relating to the arrest -- including mug shots and fingerprint records -- have been destroyed. 

Some people retain lawyers for expungement services who obtain a court order of expungement but do not aggressively follow up with every PA or federal agency possessing records of the arrest.   This defeats the purpose of seeking an expungement.  A person petitioning for expungement is seeking a clean criminal record so that a background check does not uncover an arrest.  Obviously, a signed court order mandating that PA or federal agencies destroy criminal records is worthless if the agencies do not actually comply with the order.  If the expungement attorney has not followed through to make sure people comply with the court order, the background check may uncover the old arrest. 

This is why it is important to retain an attorney who will put forth the time and effort to make absolutely certain your record is legally and physically expunged.  

Call 610-270-8800 to Speak to an Experienced Montgomery County, Pennsylvania ARD / Expungement Lawyer

If you wish to have your criminal record expunged in Montgomery County, PA, contact Pennsylvania DUI/ Expungement attorney Henry S. Hilles, III in Norristown, Montgomery County, PA.

Attorney Henry Hilles defends individuals against all Pennsylvania felony and misdemeanor charges, including Drunk Driving/ Driving Under the Influence/ DUI and Accelerated Rehabitative Disposition (ARD) cases, in Montgomery County, PA, as well as Bucks County, Delaware County and Chester County, PA, including the communities of Norristown, King of Prussia, Upper Merion, Lower Merion, Pottstown, Ambler, Upper Gwynedd, Lower Gwynedd, Blue Bell, Collegeville, Hatboro, Horsham, Trooper, Conshohocken, Doylestown, West Chester, Radnor and Wayne.