Skip Page Header
Rule 320. Procedure for Expungement Upon Successful Completion of ARD Program
PA ST RCRP Rule 320Purdon's Pennsylvania Statutes and Consolidated StatutesRules of Criminal ProcedureEffective: April 1, 2024 (Approx. 2 pages)
Rule 320. Procedure for Expungement Upon Successful Completion of ARD Program
PA ST RCRP Rule 320Purdon's Pennsylvania Statutes and Consolidated StatutesRules of Criminal ProcedureEffective: April 1, 2024 (Approx. 2 pages)
Purdon's Pennsylvania Statutes and Consolidated Statutes
Rules of Criminal Procedure (Refs & Annos)
Chapter 3. Accelerated Rehabilitative Disposition (Ard) (Refs & Annos)
Part B. Court Cases
Effective: April 1, 2024
Pa.R.Crim.P. Rule 320
Rule 320. Procedure for Expungement Upon Successful Completion of ARD Program
(A) When the judge orders the dismissal of the charges against the defendant, the judge also shall order the expungement of the defendant's arrest record, subject to the provisions of paragraph (B). The expungement order shall contain the same information that is required in Rule 490(C) in summary cases and Rule 790(C) in court cases.
(B) If the attorney for the Commonwealth objects to the automatic expungement, the objections shall be filed with the judge, together with the objections to dismissal, if any, within 30 days after service of a motion for dismissal under Rule 319, and copies of the objections shall be served on the defendant or the defendant's attorney.
Comment: The cases have held that a defendant's arrest record shall be expunged upon successful completion of an ARD program, unless the Commonwealth presents compelling reasons why the arrest record should be retained. See, e.g., Commonwealth v. Armstrong, 495 Pa. 506, 434 A.2d 1205 (1981). Cf., Commonwealth v. Wexler, 494 Pa. 325, 431 A.2d 877 (1981). For processes and limitations with regard to expungement generally, see Section 9122 of the Criminal History Record Information Act, 18 Pa.C.S. § 9122. See also, Vehicle Code, §§ 1534(b) and 3807, added by 75 Pa.C.S. §§ 1534(b) and 3807.
Credits
Note: Rule 186 adopted April 10, 1989, effective July 1, 1989; renumbered Rule 320 and amended March 1, 2000, effective April 1, 2001; amended March 14, 2011, effective April 1, 2011; amended June 14, 2023, effective April 1, 2024.
Rules Crim. Proc., Rule 320, 42 Pa.C.S.A., PA ST RCRP Rule 320
Current with amendments received through March 1, 2024. Some rules may be more current; see credits for details.
| End of Document | © 2024 Thomson Reuters. No claim to original U.S. Government Works. |