Expungements & Pardons · ARD Expungement
Completing ARD is not the same as having your record cleared.
Accelerated Rehabilitative Disposition ends most cases the way people want — no conviction, charges dismissed, no jail. Under Pa.R.Crim.P. 320, when the judge orders dismissal after successful completion, the judge also shall order expungement of the defendant's arrest record. County procedures and processing still need to be confirmed, and the record should be checked afterward to make sure the order reached Pennsylvania State Police, the county clerk of courts, and any other repository. I handle ARD expungement matters across Dauphin, Cumberland, York, and Adams counties.
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How the remedy works
Expungement After Successful ARD Completion.
Authority: Pa.R.Crim.P. 320[1] [2]
Record relief, in context
Rule 320 directs the judge to order expungement when the ARD charges are dismissed, and it is worth confirming that the order was entered and processed even years after your case closed.
expungement & pardon lawyer · pardon vs. expungement · DUI expungement
Pa.R.Crim.P. 320 sets out the authority: on satisfactory completion of the ARD program, the attorney for the Commonwealth moves the court to dismiss the charges, and when the judge orders dismissal, the judge also shall order expungement of the defendant's arrest record. The Commonwealth may object within 30 days after service of the order; under Commonwealth v. Armstrong, it must then show compelling reasons to preserve the record. Section 9122 appears only as a limit at § 9122(b.1), not as the source of ARD expungement authority.
Because Rule 320 directs dismissal and expungement together, the practical issue is making sure the order was entered, distributed, and processed correctly. County procedures vary, and the court and repository records should be checked rather than assuming completion of ARD by itself proves that every record has been cleared.
DUI ARD has an added wrinkle that non-DUI ARD does not. Commonwealth v. Shifflett held that ARD could not be treated as a judge-found prior offense under § 3806 to enhance a later sentence under § 3804. Act 58 of 2025 did not turn ARD into a § 3806 prior offense; it created the separate § 3802(h)(1) offense of DUI following diversion. For conduct on or after the Act's effective date, a prior qualifying diversion within ten years is an element the Commonwealth must charge and prove beyond a reasonable doubt.
Rule 320 does not require a routine separate expungement petition after successful completion. The practical work is confirming that all program conditions are recorded as complete, the dismissal and expungement order was entered and served, any timely Commonwealth objection was resolved, and each repository processed the order.
Eligibility at a glance
What qualifies — and what does not.
| Situation | What the law allows | Condition |
|---|---|---|
| Successfully completed ARD, DUI or non-DUI | Rule 320 directs dismissal and expungement of the arrest record | Section 9122(b.1) limits the relief; § 9122(a)(2) is not the source of ARD expungement authority |
| Case still shows a dismissal order but no expungement order | Confirm whether the Rule 320 expungement order was entered and distributed | The record can remain visible until the required order is entered and processed |
| Outstanding ARD conditions | Dismissal and expungement follow satisfactory completion | Confirm the court has recorded every program condition as complete before expecting the Rule 320 order |
| DUI within ten years after qualifying diversion | Act 58 created a separate § 3802(h)(1) offense | The prior diversion is an element that must be charged and proven; it is not a § 3806 prior offense after Shifflett |
| ARD terminated unsuccessfully / revoked | Not eligible for this expungement path | A revoked ARD case returns to active prosecution; expungement only applies once the case actually ends in dismissal |
| Multiple charges filed together, only some resolved through ARD | Each charge's disposition controls its own expungement eligibility | Confirm that the Rule 320 order covers the ARD counts and evaluate differently resolved counts separately |
| Old ARD case still visible | Confirm whether the Rule 320 dismissal and expungement order was entered and processed | Do not assume a separate petition was required merely because the record remains visible |
Eligibility categories are statutory, but how a specific docket is graded and disposed controls which category applies. Nothing here is a prediction about a particular record.
The process
Step by step.
Step 1
Confirm the dismissal order is entered
Before anything else, confirm the court has actually entered the order dismissing the charges under Rule 320 — expungement can't proceed without it, and some counties combine both requests into one hearing date.
Step 2
Verify all ARD conditions are satisfied
Confirm that every condition required for satisfactory completion is reflected in the court's case-management system before expecting dismissal and expungement under Rule 320.
Step 3
Confirm the expungement order
Rule 320 directs the judge who dismisses the charges to order expungement of the arrest record. Confirm that the order was entered and distributed under the county's procedure.
Step 4
Account for the objection period
After service of the order, Rule 320 gives the Commonwealth 30 days to object. If it objects, Armstrong requires compelling reasons to preserve the arrest record.
Step 5
Court order and distribution
Once signed, the expungement order goes to the clerk of courts, Pennsylvania State Police, and — where applicable — local police departments and the FBI, each of which has to purge or flag the record on their end.
Step 6
Confirm the record is actually cleared
Processing delays at PSP or the FBI are common; ordering a certified criminal-history check a few months later confirms the expungement actually went through rather than assuming it did.
Jurisdiction & venue
Where the petition is filed.
Dauphin County
The Dauphin County DA's office ARD unit and the clerk of courts handle a high volume of ARD cases. Rule 320 directs the judge who dismisses the charges to also order expungement; confirm that the order was entered, distributed, and processed.
Cumberland County
For a completed ARD case, confirm that the Rule 320 dismissal and expungement order was entered, served, and processed rather than assuming a separate petition is routinely required.
York County
York County's DA's office verifies ARD completion before seeking dismissal. The judge's dismissal order should also order expungement under Rule 320.
Adams County
Smaller docket volume in Adams County can mean faster processing, but Rule 320 still directs the judge who dismisses the charges to also order expungement of the arrest record.
Perry and Franklin Counties
Both counties route ARD completions through their respective DA's offices and clerk of courts. Confirm that the Rule 320 expungement order was entered and distributed rather than assuming every repository updated.
Lancaster County
Lancaster's ARD unit handles a large docket. After dismissal, confirm that the Rule 320 expungement order was entered, distributed, and processed while the supporting records are readily available.
Where these petitions are won or lost.
Don't assume the record was processed
Rule 320 directs the judge to order expungement with the dismissal, but the signed order still must be entered, distributed, and processed by each repository.
Confirm the order as soon as conditions are satisfied
Rule 320 directs dismissal and expungement together, but the record can remain visible until the order is entered, distributed, and processed.
Analyze a later DUI under current law
Shifflett bars treating ARD itself as a judge-found § 3806 prior offense. For conduct covered by Act 58, analyze whether the Commonwealth charged and can prove the separate § 3802(h)(1) offense.
Get confirmation, not just a dismissal notice
A dismissal notice isn't proof that the expungement order was entered and distributed; follow up until you have the signed order and confirmation it reached PSP.
Check every count
Where an ARD case included related charges, confirm the disposition and the order's coverage count by count so differently resolved charges are not overlooked.
Order a certified check afterward
A certified Pennsylvania State Police criminal-history check after processing can confirm whether the record was purged rather than merely assuming the order reached every repository.
Where we file
Record relief across Central Pennsylvania.
Adams County expungement lawyer
Gettysburg
Cumberland County expungement lawyer
Carlisle
Dauphin County expungement lawyer
Harrisburg
Franklin County expungement lawyer
Chambersburg
Lancaster County expungement lawyer
Lancaster
Perry County expungement lawyer
New Bloomfield
York County expungement lawyer
York
Other record-relief guides.
Expungement Eligibility
18 Pa.C.S. § 9122
Clean Slate & Automatic Sealing
18 Pa.C.S. § 9122.2
Non-Conviction Expungement
18 Pa.C.S. § 9122(a)
Summary Offense Expungement
18 Pa.C.S. § 9122(b)(3)
Underage Drinking & Marijuana Expungement
18 Pa.C.S. § 6308(d)
Governor's Pardon
Pa. Const. art. IV, § 9
Related: Pennsylvania expungement & pardon overview · expungement vs. Clean Slate sealing · domestic violence record relief · Pennsylvania criminal defense lawyer.
FAQ
Frequently asked questions.
Common questions about ard expungement in Pennsylvania — eligibility, procedure, and what the order actually changes.
Pa.R.Crim.P. 320 directs the judge who dismisses the charges after successful ARD completion to also order expungement of the arrest record. Confirm that the order was entered and processed by Pennsylvania State Police and the court records system.
Pa.R.Crim.P. 320 directs the judge who dismisses the charges after successful ARD completion to also order expungement of the defendant's arrest record. Confirm that the order was entered, distributed, and processed.
Confirm whether the judge entered the expungement order required by Pa.R.Crim.P. 320 and whether the order was distributed and processed by each repository.
No. Criminal-record expungement does not itself rewrite a separate driver-history record. But after Commonwealth v. Shifflett, ARD is not a judge-found § 3806 prior offense. Act 58 instead created § 3802(h)(1), a separate DUI-following-diversion charge whose prior-diversion element must be charged and proven.
The Rule 320 dismissal and expungement procedure follows satisfactory completion of ARD. Confirm with the court whether any outstanding obligation means the program has not yet been recorded as successfully completed.
Timelines vary by county and repository. Confirm when the Rule 320 order was entered and distributed, then allow additional time for Pennsylvania State Police and any other repository to process it.
Yes — ordering a certified Pennsylvania State Police criminal-history report is the most reliable way to confirm whether a prior ARD case was actually expunged or is still sitting on your record.
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Sources & statutory citations
- [1]Pa.R.Crim.P. 320 — After successful ARD completion, the judge who dismisses the charges shall also order expungement of the arrest record. The Commonwealth may object within 30 days after service of the order, triggering a hearing.
- [2]Commonwealth v. Armstrong, 434 A.2d 1205 (Pa. 1981) — After successful ARD completion, the Commonwealth must present compelling reasons to justify retaining the arrest record when it objects to expungement.
- [3]18 Pa.C.S. § 9122 — Expungement of criminal history record information — § 9122(a) covers non-conviction data, unconditional pardons under (a)(2.1), underage drinking under (a)(3), and acquittals under (a)(4); § 9122(b) covers discretionary summary, age-70 and deceased-defendant expungement.
- [4]75 Pa.C.S. § 3802(h) — DUI following diversion (Act 58 of 2025, eff. 12/22/2025) — new DUI within 10 years of completing ARD or a substantially similar out-of-state pretrial diversion program. Under § 3802(h)(2) the prior-diversion element is provable only by a certified PennDOT record under § 6328, a clerk-of-courts record, or a substantially similar certified record from another jurisdiction.
- [5]Act 58 of 2025 — Creates a separate 'DUI following diversion' offense addressing Commonwealth v. Shifflett; does not reclassify prior ARD as a §3806 prior offense.
- [6]Commonwealth v. Shifflett, 335 A.3d 1158 (Pa. 2025) — Section 3806 was facially unconstitutional insofar as it allowed prior ARD acceptance to enhance a sentence under § 3804 without the constitutional safeguards required for a prior conviction.
Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.
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