What Is ARD?
Accelerated Rehabilitative Disposition (ARD) is an alternative, rehabilitative disposition for eligible individuals.
ARD provides an opportunity to complete court-ordered conditions and, upon successful completion, seek dismissal of the charges and expungement of the arrest record.
ARD does not require a guilty plea or a conviction.
That last point is consistent with Pennsylvania Supreme Court discussion distinguishing ARD from a guilty plea.
Responsibility & Accountability
Acceptance of responsibility and accountability is a core and foundational principle of the Lackawanna County ARD program.
Applicants must be willing to acknowledge, in their own words, their personal responsibility for their actions and their part in the circumstances that brought them before the Court.
This acknowledgment reflects a commitment to accountability and rehabilitation. It is not an admission that the applicant committed a crime.
The ARD Court Proceeding
The applicant’s understanding of and willingness to accept responsibility and accountability will be addressed during the off-the-record portion of the ARD proceeding, with the advice and agreement of defense counsel, as provided by Pennsylvania Rule of Criminal Procedure 313.
The applicant’s statement in that proceeding may not be used against them in a criminal proceeding, except as provided by the Rule.
Pennsylvania Supreme Court materials similarly describe Rule 313 as requiring the ARD judge to hear an off-record summary of the facts and explain that the defendant is not required to admit guilt.
ARD Requires Accountability
The Commonwealth will not recommend an applicant for ARD if the applicant is unwilling to accept responsibility and accountability for their actions or refuses to participate meaningfully in the rehabilitative process.
Successful Completion & Expungement
Applicants accepted into ARD must comply with the conditions imposed by the Court.
Upon successful completion, charges will be dismissed and the arrest record expunged in accordance with Pennsylvania Rule of Criminal Procedure 320 and applicable law.
Rule 320 specifically addresses expungement following successful completion of ARD and provides procedures for objections by the Commonwealth.
Understanding Pennsylvania Rules 313 & 320
Rule 313
Addresses the ARD proceeding, including the off-the-record portion of the Court’s consideration of ARD and protections concerning statements made during that proceeding.
Rule 320
Governs dismissal and expungement following successful completion of the ARD program.
Questions About ARD?
For additional information regarding the Lackawanna County ARD program, contact the District Attorney’s Office.