Pennsylvania: Adult Diversion/Deferral Program (PA-D-2)

Records of a first-time offense can be expunged upon the dismissal following an accelerated rehabilitative disposition (ARD). 18 Pa. Cons. Stat. § 9122, Pa. R. Crim. P. 320.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

Yes, if objection filed

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

Offenses listed in section 9122(b.1) of title 18 where the victim was less than 18 years of age.

Procedure General

The court, when dismissing the charges, also orders expungement of the person's arrest record, unless the prosecutor presents compelling reasons why the record should be retained. For the specific procedure, see Pa. R. Crim. P. 310 et seq.

Fees

There is no statutory language regarding fees.

Effect

Information is removed without a trace, or identifiers of the person are eliminated, or records are maintained by the central repository and the prosecuting attorney for the uses specified in section 9122(c). 18 Pa. Cons. Stat. §§ 9102, 9122(c).

Waiting Periods

The record is expunged upon the dismissal following an accelerated rehabilitative disposition, unless the prosecutor presents compelling reasons why the record should be retained.

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