For some facing criminal charges in Pennsylvania, the Accelerated Rehabilitative Disposition (ARD) program offers a way to avoid conviction and possibly get their arrest records expunged. This pretrial diversion program requires participants to complete tasks to rehabilitate and avoid future run-ins with law enforcement.
Applying for ARD requires completing an application, answering questions, and possibly reporting for an interview. An ARD lawyer can help you navigate this application process and ensure you are a good fit for the program. The program will not accept everyone who applies, and it is not the best option for everyone.
Your Criminal Defense Attorney Will Manage Your ARD Program Application
The ARD application process varies somewhat from county to county. In York County, for example, the District Attorney explains that the process begins with filing a paper application with the Clerk of Courts Office. The District Attorney reviews all applications and makes the final decision. In Montgomery County, the ARD Chief reviews criminal cases for potential admission.
Your criminal defense lawyer should know how to apply for the ARD program in your county, including how to submit applications and what steps might be necessary to gain approval. Generally, the District Attorney or someone named by their office approves offenders for this and other pretrial diversion programs.
Applying for ARD requires several steps, regardless of your location. An attorney will walk you through this process. First, you will likely need to waive your preliminary hearing and arraignment. This ensures you do not have to enter a plea if admitted into ARD. Then, those involved in your case can support or oppose your application. This includes:
- The arresting officer
- Detectives investigating the case
- Victims
If you receive approval, a Common Pleas Judge will officially bring you into the program and outline the criteria you must meet to complete the ARD requirements.
What Is the ARD Program?
The Pennsylvania General Assembly established the ARD program under 75 PA C.S. § 3807. The purpose of this diversion program, according to the Pennsylvania Office of Victim Services, is to focus on rehabilitation instead of punishment. It addresses the reasons why some crimes occur, allowing first-time offenders to keep a clean criminal record if they are willing to do the work.
Each county sets rules about who might qualify, but drunk driving and related crimes seem to be the most common. An offender might be eligible if:
- They do not have a previous DUI arrest or related offense.
- They do not have a record of criminal conviction.
- No one suffered serious injuries or death because of their driving behavior.
- There were no minors in the vehicle at the time of their arrest.
Similar rules might apply to those considering the ARD program when facing other charges. Your attorney can advise whether you could be a good candidate for ARD or other pretrial diversion programs.
What Happens Once I Am Approved for ARD?
Once the Common Pleas Judge admits you into the program, you will learn about the specific conditions of ARD. These could be set by the county or apply specifically to your case. Some common examples for those facing DUI charges include:
- Complete six to 12 months of supervision/probation
- Undergo an assessment for drug and alcohol dependency issues
- Complete recommended drug or alcohol counseling or treatment
- Complete Alcohol Highway Safety School (AHSS)
- Pay restitution to victims (if applicable)
- Pay all required fees and fines
- Complete community service hours (if assigned)
As you can see, some ARD program requirements are based on your unique circumstances. It usually takes between six months and a year to complete the requirements. Once you do, the District Attorney’s Office will withdraw prosecution of your case.
If you want, you may be able to apply for expungement at this point. This will clear your arrest record so that you do not have to explain the circumstances following a background check for a job, apartment, or professional license.
What If I Do Not Complete the Requirements for ARD?
The ARD program allows motivated offenders to receive a second chance. It supports our firm’s belief that a single mistake should not cost you significantly for years. It offers a way to clear your criminal record and get support to overcome the issues that led to your arrest.
If you fail to complete ARD’s requirements or face an additional arrest during this probationary period, the court will likely remove you from the program. When this occurs, the District Attorney’s Office can proceed with prosecuting your initial charges. It is possible you could get convicted and face serious penalties related to your arrest.
Is ARD the Best Option for Me?
While the ARD program is an option for many people facing a DUI offense or other similar offenses, it is not the best option for everyone. The program requires that you have a criminal defense attorney to represent you, so it is a good idea to ask them if the program is suitable for you.
Under some circumstances, relatively minor charges might cost you less and get resolved faster without participating in ARD. Alternatively, based on the situation and your arrest, you might have a strong defense. When this occurs, your lawyer might recommend getting the charges dismissed, evidence banned, or other defense strategies for clearing your name.
Talk to Our Team About Your ARD Program Options Today
At McKenzie Law Firm, P.C., our criminal defense attorneys understand how the ARD program works. We regularly help clients apply, navigate, and complete the program. We can assess your options and help you apply if it is a good fit for you.
Contact us today to learn more.
