Is probation without verdict the same thing as ARD?

No. ARD is a pre-trial diversion under Pa.R.Crim.P. 300–320 in which no plea is entered. The attorney for the Commonwealth may move for it under Rule 310, and the judge decides under Rule 313(C) whether the case warrants it. Probation without verdict arises under 35 P.S. § 780-117, is available only on a "nonviolent offense" under the Controlled Substance, Drug, Device and Cosmetic Act, and requires a guilty or nolo contendere plea plus proof of drug dependency through the testimony of a physician or psychologist trained in the field of drug abuse.

Do I have to plead guilty for probation without verdict?

Yes, or nolo contendere. The court may grant it "if the person pleads nolo contendere or guilty to any nonviolent offense under this act" ARD, by contrast, requires no plea.

Can a prior ARD stop me from getting probation without verdict?

It can. Clause (1)(iii) of § 780-117 excludes a person "who has been placed on Accelerated Rehabilitative Disposition where the person was charged with a violation of this act or the commission of a misdemeanor or felony in this Commonwealth." Taking ARD once may close this door later. An attorney can confirm how this applies to your case.

Am I eligible for probation without verdict if I am charged with PWID?

No. Clause (1)(vi) excludes "Any person who is charged with violating clause (14), (30) or (37) of subsection (a) of section 13 of this act." Possession with intent to deliver is section 13(a)(30). The exclusion keys on the charge, not the conviction.

How do I prove drug dependency?

The statute specifies the form of proof: "For the purposes of proving drug dependency, the person must present the testimony of a physician or psychologist trained in the field of drug abuse."

How many times can I get probation without verdict?

Once. Clause (3) provides "Provided, That probation without verdict shall be available to any person only once"

Drug charges · Diversion

Probation without verdict vs. ARD in Pennsylvania

They are not alternative names for the same thing.

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The short answer

ARD and probation without verdict are separate routes with different requirements. ARD is a pre-trial diversion under Pa.R.Crim.P. 300–320 in which no plea is entered. It takes two decisions: the attorney for the Commonwealth may move for it under Rule 310, and the judge then decides under Rule 313(C) whether the case warrants it[2] . Probation without verdict is a creature of the Controlled Substance, Drug, Device and Cosmetic Act at 35 P.S. § 780-117; it is available only on a "nonviolent offense under this act," and it requires the defendant to plead guilty or nolo contendere and to prove drug dependency by the testimony of a physician or psychologist trained in the field of drug abuse.[1]

Side by side

	ARD	Probation without verdict
Legal source	Pa.R.Crim.P. 300–320, with 75 Pa.C.S. § 3807 adding statutory rules for DUI.	35 P.S. § 780-117.
What charges it reaches	The rules name no eligible or ineligible offenses. The Chapter 3 Committee Introduction states: "These rules do not specify those classes of offenses or offenders that are eligible or ineligible for inclusion in the ARD program."	Only "any nonviolent offense under this act" — meaning the Drug Act.
Is a plea required	No.	Yes. The court may grant it "if the person pleads nolo contendere or guilty to any nonviolent offense under this act"
What else must be proved	Nothing by the defendant.	The defendant "proves he is drug dependent." "For the purposes of proving drug dependency, the person must present the testimony of a physician or psychologist trained in the field of drug abuse."
Who decides	Two gates. Under Pa.R.Crim.P. 310 the attorney for the Commonwealth "may move" that the case be considered for ARD; under Rule 313(C) the judge decides whether the case "warrants" it, and no appeal is allowed from that order if the judge declines.	The court "may place a person on probation without verdict."
How long	Pa.R.Crim.P. 316(b): "The period of such program for any defendant shall not exceed two years."	The term of probation shall be for "a specific time period not to exceed the maximum for the offense"
On successful completion	Under Rule 319 the defendant moves for dismissal and, absent objection within 30 days, the judge dismisses. Under Rule 320(A), when the judge orders dismissal the judge "also shall order the expungement of the defendant's arrest record," subject to the Commonwealth's right to object under 320(B).	Under clause (3) the court "shall discharge such person and dismiss the proceedings against him," and that discharge and dismissal "shall be without adjudication of guilt and shall not constitute a conviction for any purpose whatever, including the penalties imposed for second or subsequent convictions."
How many times	The rules set no numeric limit, though a prior ARD has statutory consequences, including under 75 Pa.C.S. § 3807(a)(2)(i) for DUI.	Clause (3): "Provided, That probation without verdict shall be available to any person only once"
On violation	Under Rule 318 the attorney for the Commonwealth may move, the defendant is given an opportunity to be heard, and on a finding of violation the judge may terminate the program, with no appeal allowed.	Clause (2): "Upon violation of a term or condition of probation, the court may enter a judgment and proceed as in any criminal case, or may continue the probation without verdict."

Sources: Pa.R.Crim.P. 310, 313, 316, 318, 319 and 320[3] [4] [5] [6] ; 75 Pa.C.S. § 3807[7] .

Who cannot get probation without verdict

Clause (1) of § 780-117 lists six exclusions:

(i) a person previously convicted of an offense under the Act or a similar act of the United States or any other state;
(ii) a person convicted of a misdemeanor or felony in this Commonwealth or an equivalent crime under the laws of any other state;
(iii) a person "who has been placed on Accelerated Rehabilitative Disposition where the person was charged with a violation of this act or the commission of a misdemeanor or felony in this Commonwealth";
(iv) a person charged with or who has pleaded guilty or nolo contendere to multiple offenses based on separate conduct or arising from separate criminal episodes such that they could be tried separately under 18 Pa.C.S. § 110;
(v) a dangerous juvenile offender under 42 Pa.C.S. § 6302, or a person adjudicated delinquent for conduct that would violate clause (30) or (37) of section 13(a) of the Act; and
(vi) "Any person who is charged with violating clause (14), (30) or (37) of subsection (a) of section 13 of this act."

Two consequences that matter

A prior ARD can disqualify you. Under exclusion (iii), the two programs interact: taking ARD once may close the door to probation without verdict later.

The charge itself disqualifies. Exclusion (vi) keys on what a person "is charged with," not what they are convicted of. A charge of possession with intent to deliver under section 13(a)(30) disqualifies a defendant from probation without verdict even if the Commonwealth would be willing to accept a plea to a lesser clause, because clause (1)(vi) is written in the present tense — which makes the charging decision itself the thing to fight.[8] See PWID vs. simple possession and the PWID defense guide.

An attorney can confirm how this applies to your case.

What happens to the record afterwards

Expungement of the Drug Act record afterwards runs through 35 P.S. § 780-119, which directs that arrest and prosecution records for an offense under the Act "shall be promptly expunged" "when the charges are withdrawn or dismissed or the person is acquitted" — and a discharge under clause (3) of § 780-117 is a dismissal. Section 780-119 carries its own limit: that expungement "shall be available as a matter of right to any person only once."[10] Pa.R.Crim.P. 790(a)(1) expressly excepts § 780-119 from the ordinary court-case expungement petition procedure[11] . ARD expungement runs under Pa.R.Crim.P. 320. More on ARD expungement and expungement and pardons in Pennsylvania.

FAQ

Frequently asked questions.

Common questions about probation without verdict and ARD.

No. ARD is a pre-trial diversion under Pa.R.Crim.P. 300–320 in which no plea is entered. The attorney for the Commonwealth may move for it under Rule 310, and the judge decides under Rule 313(C) whether the case warrants it. Probation without verdict arises under 35 P.S. § 780-117, is available only on a "nonviolent offense" under the Controlled Substance, Drug, Device and Cosmetic Act, and requires a guilty or nolo contendere plea plus proof of drug dependency through the testimony of a physician or psychologist trained in the field of drug abuse.
Yes, or nolo contendere. The court may grant it "if the person pleads nolo contendere or guilty to any nonviolent offense under this act" ARD, by contrast, requires no plea.
It can. Clause (1)(iii) of § 780-117 excludes a person "who has been placed on Accelerated Rehabilitative Disposition where the person was charged with a violation of this act or the commission of a misdemeanor or felony in this Commonwealth." Taking ARD once may close this door later. An attorney can confirm how this applies to your case.
No. Clause (1)(vi) excludes "Any person who is charged with violating clause (14), (30) or (37) of subsection (a) of section 13 of this act." Possession with intent to deliver is section 13(a)(30). The exclusion keys on the charge, not the conviction.
The statute specifies the form of proof: "For the purposes of proving drug dependency, the person must present the testimony of a physician or psychologist trained in the field of drug abuse."
Once. Clause (3) provides "Provided, That probation without verdict shall be available to any person only once"

[1]35 P.S. § 780-117 — the section has no lettered subsections; it runs as an opening paragraph followed by clauses (1), (2) and (3), with sub-clauses (i)–(vi) under clause (1). Last amended December 28, 1994, P.L.1406, No.164.
[2]Pa.R.Crim.P. 310 — After criminal proceedings in a court case have been instituted, the attorney for the Commonwealth may move, before a judge empowered to try court cases, that the case be considered for ARD. The Comment states that a request for inclusion into the program may be made to the district attorney by the defendant, the defendant's attorney, or an interested agency or institution. Whether the case is accepted is decided by the judge under Rule 313(C).
[3]Pa.R.Crim.P. 313 — Under 313(C) the judge decides whether the case warrants ARD, and no appeal is allowed from an order declining it.
[4]Pa.R.Crim.P. 316 — amended April 21, 2026, effective November 1, 2026. Rule 316(b): "The period of such program for any defendant shall not exceed two years." Rule 316(a)(1) permits probation-type conditions including restitution but provides that a fine may not be imposed.
[5]Pa.R.Crim.P. 319 — Procedure for dismissal of charges after successful completion of an ARD program. Rule 320(B) measures the Commonwealth's objection window from service of a motion for dismissal under this rule.
[6]Pa.R.Crim.P. 320 — Rule 320(A) directs the judge who dismisses the charges after successful ARD completion to also order expungement of the defendant's arrest record, and Rule 320(B) calls this 'the automatic expungement.' Under Rule 320(B) the attorney for the Commonwealth's objections are filed with the judge, together with any objections to dismissal, within 30 days after service of a motion for dismissal under Rule 319 — not after service of the expungement order. Rule 320(C) then requires a hearing on the objections. The order must contain the information required by Rule 490(C) in summary cases and Rule 790(C) in court cases.
[7]75 Pa.C.S. § 3807 — Accelerated Rehabilitative Disposition (ARD) for DUI.
[8]35 P.S. § 780-113(a)(30) — Manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance (PWID).
[9]Pa.R.Crim.P. 318 — Procedure on Charge of Violation of Conditions. Under Rule 318(A) the attorney for the Commonwealth may move where the defendant is alleged to have violated a condition of the program; under 318(C) the judge shall afford the defendant an opportunity to be heard, and on a finding of violation may order that the program be terminated, with no appeal allowed from that order.
[10]35 P.S. § 780-119 — Section 19 of Act 64, "Expunging Criminal Records." Under § 780-119(a), records of arrest or prosecution for an offense under the Act — except for persons indicted for violating § 13(a)(30) — shall be promptly expunged when the charges are withdrawn or dismissed or the person is acquitted, provided that such expungement shall be available as a matter of right to any person only once. Named as the third exception in Pa.R.Crim.P. 790(a)(1), so no court-case expungement petition is required.
[11]Pa.R.Crim.P. 790 — Procedure for obtaining expungement in court cases. Under Rule 790(a)(1) the petition is filed with the clerk of the courts of the judicial district in which the charges were disposed, except as provided in Rule 320, Rule 790.2, and 35 P.S. § 780-119. Rule 790(a)(2) sets out the required contents and ends: 'Additional information shall not be required by local rule or practice.' Under Rule 790(b)(1) the attorney for the Commonwealth has 60 days after service to consent, object, or take no action — not the 30 days that Rule 490(b)(1) gives in summary cases.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

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