ARD is a program designed for first time offenders, who have never been convicted of a crime or participated in an ARD program, in any county in Pennsylvania. The objective is to provide the defendant with an arrest free record, so that the offense against them would not follow them through life. The defendant, the defendant’s attorney, or any other interested party may request of the District Attorney’s office that the case proceeds under the ARD program. The presiding judge of each judicial district formulates the local procedures to provide uniformity within that court’s jurisdiction.

The District Attorney is responsible for designating the eligible offenses for ARD. While the program was designed by the State Legislature for summary cases, it is used most often for DUI and Retail Theft (both misdemeanors in Pennsylvania). The presiding judge, in formulating rules for that court, has the authority to include any charges that are not statutorily excluded in the ARD program. Here in Philadelphia County, we have on occasion seen felony charges included for ARD consideration.

The most important thing to remember relative to ARD, according to James DeLeon, Supervising Judge, Criminal Division of Philadelphia Municipal Court, is that a defendant while in the ARD program, or following successful completion, has NEVER BEEN CONVICTED OF A CRIME. They may be under the supervision of the county probation department; they may have costs, fines, restitution, community service, or possibly prison, however the court has issued no verdict in the case. The individual may correctly answer an employment application that they have no convictions (assuming this is the only case the defendant was involved in).

Case law has held that a defendant’s arrest record shall be expunged upon successful completion of an ARD program unless the Commonwealth presents compelling reasons why it should be retained. In Philadelphia County, to the surprise of many defendants, this is not automatic. The defendant, or the defendant’s attorney, must submit the necessary paperwork to the court. The entire process may take as long as six months.