Pennsylvania: Adult Diversion/Deferral Program (PA-D-1)

Records relating to a first controlled substance offense are expunged upon dismissal following probation without verdict. 35 P.S. §§ 780-117, 780-119.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Yes, all

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

See 35 P.S. section 780-117(1) for offenses ineligible for probation without verdict.

Procedure General

The procedure is automatic. The court, within five days of dismissal, orders the keepers of criminal records to destroy them. For specific procedure, see 35 P.S. § 780-119.

Fees

There is no statutory language regarding fees.

Effect

Records are destroyed. No person is permitted to learn of an expunged arrest or prosecution. 35 P.S. § 780-119.

Waiting Periods

The record is destroyed upon dismissal following probation without verdict.

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