Leh. Cnty. Pa. 320

As amended through February 1, 2020
Rule 320 - Expungement Upon Successful Completion Of Ard
1. The following procedure is to be effective for both DUI and Non-DUI criminal cases;
2. Criminal defendants accepted into the ARD Program will be charged appropriate fees to cover expungment which shall take place upon successful completion of the Program;
3. Expungement fees collected are in addition to any and all other applicable costs, fees and restitution assessed as part of the ARD Program;
4. At the expiration of the designated supervision period, the Adult Probation department will determine all those defendants who have successfully completed the ARD Program and whose cases shall be closed for supervision;
5. Successful completion includes full payment of all costs and restitution;
6. All ARD case closures will be reported to the Clerk of Judicial Records - Criminal Division who will forward a list of the successful completions to the Office of the District Attorney;
7. The District Attorney shall review the list of successful completions and may object to the expungment of the records of any particular defendant;
8. Such objection must be filed in a petition with proper service to all parties and a hearing shall be scheduled before the Court;
9. Once reviewed and approved by the District Attorney, the Clerk of Judicial Records - Criminal Division shall prepare Orders of Dismissal and Expungement to be signed by the Court;
10. Records will not be expunged for those defendants whose cases have been closed for supervision but who have not successfully completed all conditions;
11. Expungement fees collected from those defendants who do not successfully complete the ARD Program and, therefore, are not entitled to expungement will be refunded; Upon satisfactory completion of all outstanding conditions subsequent to case closure, a defendant may petition the Court for dismissal of charges and expungement upon payment of the appropriate filing fee; pro se petitions may be obtained online at lccpa.org or in the office of the Court Administrator and the Clerk of Judicial Records - Criminal Division;
12. Expungement after successful completion of ARD is expressly prohibited for certain offenses specifically delineated in 18 Pa.C.S.A. § 9122(b.1) and will not be granted.

Leh. Cnty. Pa. 320

Amended effective 12/1/2015; revised effective 2/1/2020.

This Rule was adopted by an Administrative Order dated May 22, 2012 and published in the Pennsylvania Bulletin, and became effective 30 days from the date of publication.