Is ARD just for DUI offenders, or can someone facing other criminal allegations also qualify for ARD?
No — ARD (Accelerated Rehabilitative Disposition) in Pennsylvania is not limited to DUI offenders. It is a general pre-trial diversion program available to first-time, non-violent offenders charged with a range of criminal offenses, subject to the discretion of the district attorney’s office in each county and eligibility criteria set by statute and local practice.
What ARD Is
ARD is a diversion program authorized under Pennsylvania Rule of Criminal Procedure 312. It allows eligible defendants to avoid a criminal trial and, if they successfully complete the program, to have the charges against them dismissed and their arrest records expunged. The program is specifically designed for individuals with no prior criminal history who are unlikely to reoffend and for whom traditional prosecution is not in the interests of justice.
Non-DUI Offenses That May Qualify for ARD
While ARD is most commonly associated with DUI cases, it is available for a broad range of non-violent criminal offenses in Pennsylvania. Offenses for which ARD may be granted — subject to the specific facts and the district attorney’s discretion — include:
- Misdemeanor drug possession charges
- Retail theft (shoplifting) and other property crimes
- Simple assault in some circumstances
- Certain traffic offenses beyond DUI
- Bad check charges
- Harassment and summary offenses in some jurisdictions
Eligibility Criteria
Eligibility for ARD in Pennsylvania depends on several factors:
- No prior ARD or criminal convictions: ARD is generally reserved for true first-time offenders with no prior record of conviction or ARD completion
- Non-violent offense: Offenses involving serious violence or significant harm to victims are typically ineligible
- District attorney approval: Each county district attorney has broad discretion to accept or reject ARD applications, and practices vary significantly across Pennsylvania counties
- Victim considerations: In cases involving identifiable victims, victim input may be solicited and can affect ARD eligibility
ARD Program Conditions
ARD participants must comply with program conditions set by the court and the district attorney’s office, which typically include:
- A period of probation (typically 6 to 24 months)
- Payment of fines, costs, and restitution to any victims
- Community service hours
- Drug or alcohol evaluation and treatment if relevant to the offense
- No new criminal charges during the program period
Consequences of Successful Completion
Upon successful completion of all ARD conditions, the defendant petitions the court for dismissal of the charges and expungement of the arrest record. Expungement removes the arrest from public records and allows the individual to legally state that they have not been arrested or convicted of the offense in most contexts — with exceptions for certain government, law enforcement, and professional licensing inquiries.
ARD and Future Employment
Successful ARD completion and expungement significantly reduces the impact of a criminal arrest on future employment prospects. Pennsylvania’s Clean Slate Law provides additional protections for certain low-level offenses. However, ARD completion is still visible in some limited databases, and individuals in regulated industries — healthcare, education, law enforcement, financial services — should confirm the specific disclosure obligations applicable to their field before making representations about their criminal history.
