HOW TO FILE AN ARD EXPUNGEMENT

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					                HOW TO FILE AN ARD EXPUNGEMENT




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The clinic and its staff are unable to give you legal advice. The information in the
packets is not to be a substitute for professional legal advice. The clinic assumes no
responsibility and accepts no liability for actions taken by users of these documents,
including reliance on their contents. If you want to obtain the services of an attorney but
do not know whom to contact, you may request a referral from the clinic or call the
Lawyer Referral service at 800-692-7375.
                                  EXPUNGEMENT INSTRUCTIONS

Accelerated Rehabilitative Disposition (ARD) Expungement

         If you have completed the Accelerated Rehabilitative Disposition (ARD) program, you are
eligible to file a Petition for Expungement.* Please complete the following steps:

               1.) Prepare your Petition for Expungement. You will need to complete the attached
                  form with the following information in order to complete your Petition for Expungement:

                       (1) Your full name, Date of Birth and Social Security Number;
                       (2) OTN (Offense tracking number)
                       (3) Magisterial District Judge Docket Number and Magisterial District Number or
                       Municipal Court Docket Number;
                       (4) Court of Common Pleas Docket Number, if any;
                       (5) The specific charges to be expunged as they appear on Criminal Complaint;
                       (6) The Date of Arrest and the Criminal Justice Agency which made the arrest;
                       (7) The Reason for Expungement;
                       (8) The Date of Acceptance into ARD and the Sentencing Judge; and
                       (9) The Criminal Justice Agencies upon which certified copies of the Order shall
                       be served.

               2.) Complete the Affidavit Form (Exhibit “A”). This document needs to be notarized prior
                   to filing the Expungement.
               3.) Complete the Certification of Agency Form (Exhibit “B”). This document needs to be
                   signed and completed prior to filing the Expungement by the Adult Probation and the
                   District Attorney’s Office. This needs to be filled out by the Probation Officer that
                   supervised your probation period.

               4) Complete a proposed order granting the requested relief.

               5) Complete a Certificate of Service Form.

               6) File the Original and three (3) copies with the Clerk of Court.



               *If you are pursuing an expungement not related to completion
               of the ARD program, it is recommended that you consult an
               attorney.
             IN THE COURT OF COMMON PLEAS OF UNION COUNTY, PENNSYLVANIA
                                 CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA,
                    Plaintiff

                                                  :   DOCKET NO.: ___________
                 vs.                              :
                                                  :   OTN: _______________
                                                  :
                                                  :   MAGISTERIAL DISTRICT COURT: _________
________________________________,                 :
                       Defendant                  :
                                                  :   MAGISTERIAL DISTRICT COURT DOCKET NO:
                                                  :
                                                  :   ________________



                       DEFENDANT’S MOTION FOR ORDER DISMISSING CRIMINAL

                           CHARGES AND EXPUNGING CRIMINAL RECORD


        Defendant moves the court to enter an order dismissing the charges of ____________________

__________________________________________ and expunging all related criminal records, and

states in support of this motion the following:

        Defendant’s date of birth is _______________ (date of birth), Social Security Number is

_______________ (social security number) and address is:

_____________________________________ (address).

        On or about ___________________ (date of arrest), Defendant was arrested by Officer

______________ (officer name) of the _______________________________ (police department) Police

Department on the charge of _______________________ __________________________ (charge).

        On or about ___________________ (date of acceptance into ARD), Defendant, after accepting

 the conditions of probation and agreeing to comply with the terms therewith, was placed in the

 Accelerated Rehabilitative Disposition Program for a period of one (1) year by the Honorable

 _____________________________ (name of sentencing judge).

        Defendant has completed the probationary period and has complied with all conditions of

probation, including specifically, that Defendant has not been arrested or charged with any violation of the
law. In support thereof, Defendant has attached an affidavit, which is marked Exhibit “A”. Also attached

to this Motion as Exhibit “B” is the Certification of the Adult Probation Department.

       True and correct copies of this Motion and supporting documents were served upon the District

Attorney of Union County.

        Defendant is entitled by the successful completion of Accelerated Rehabilitative Disposition

            (ARD),

and upon the dismissal of these proceedings, to the entry of an order that there is not, nor shall there be,

a conviction for any purpose whatsoever, unless otherwise provided by law.

        WHEREFORE, Defendant respectfully requests the Court to discharge and dismiss the

proceedings without adjudication of guilt and to order the appropriate keepers of criminal records , as set

forth in the proposed order submitted herewith, to expunge Defendant’s record of these charges and file

an affidavit evidencing that this has been done.


                                                   Respectfully submitted,



Dated: _______________                             _________________________ (signature of (defendant)

                                                   _____________________________ (name)

                                                   ____________________________ (address)

                                                   ____________________________ (address)

                                                   ____________________________(phone number)
                                              EXHIBIT “A”

            IN THE COURT OF COMMON PLEAS OF UNION COUNTY, PENNSYLVANIA
                                CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA,
                     Plaintiff

                                                 :   DOCKET NO.: ___________
                vs.                              :
                                                 :   OTN: _______________
                                                 :
                                                 :   MAGISTERIAL DISTRICT COURT: _________
________________________________,                :
                          Defendant              :
                                                 :   MAGISTERIAL DISTRICT COURT DOCKET NO:
                                                 :
                                                 :   ________________


                                               AFFIDAVIT


        I, _______________________________ (name), being duly affirmed according to law, do hereby

depose and say that the facts contained herein are true and correct; that your affiant is the above-named

Defendant and makes this application requesting the Court to enter an Order dismissing the aforesaid

charges against him. Defendant further swears and affirms that he has satisfactorily completed the

program and complied with its conditions.



                                                         __________________________ (signature)

                                                         _____________________________ (name)
                                                         Defendant
Sworn to and subscribed

before me this _____ day

of _____________, 200__.

___________________________
Notary Public

My commission expires:
                                               EXHIBIT “B”

             IN THE COURT OF COMMON PLEAS OF UNION COUNTY, PENNSYLVANIA
                                 CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA,
                    Plaintiff

                                                  :   DOCKET NO.: ___________
                vs.                               :
                                                  :   OTN: _______________
                                                  :
                                                  :   MAGISTERIAL DISTRICT COURT: _________
________________________________,                 :
                        Defendant                 :
                                                  :   MAGISTERIAL DISTRICT COURT DOCKET NO:
                                                  :
                                                  :   ________________



           CERTIFICATION OF AGENCY CHARGED WITH SUPERVISION OF DEFENDANT



        I, _______________________________ (name of probation officer), being a Probation Officer of

the Union County Adult Probation Office do, hereby certify that I supervised the probation of Defendant,

_______________________, imposed by the Court of Common Pleas of Union County; that I am aware

of the terms and conditions of Defendant’s probation and that Defendant has complied with the terms and

conditions of the probation and the signer herein does so certify.



                                                  ______________________________________ (S)

                                                  ___________________ (name of probation officer)


Dated: _______________
IN THE COURT OF COMMON PLEAS OF UNION COUNTY, PENNSYLVANIA
                              CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA,
                    Plaintiff

                                                  :   DOCKET NO.: ___________
                vs.                               :
                                                  :   OTN: _______________
                                                  :
                                                  :   MAGISTERIAL DISTRICT COURT: _________
________________________________,                 :
                        Defendant                 :
                                                  :   MAGISTERIAL DISTRICT COURT DOCKET NO:
                                                  :
                                                  :   ________________



                                                  ORDER


        AND NOW, on this _______ day of __________, 20___, upon consideration of the Defendant’s

Motion for Order Dismissing Criminal Charges and to Expunge Criminal Record, it is ORDERED AND

DECREED that:

        1.      The charges against Defendant are dismissed; and

        2.      The criminal history record information relating to the filing of a criminal complaint against

Defendant, whose date of birth is _________________, and whose social security number is

________________, by Officer _______________________ of the __________________ Police

Department, on ____________________, and ultimately charged with ___________________________,

having an OTN No. _________________ and docket number of _____________________ in Magisterial

District _______________ be expunged, as Defendant has successfully completed ARD, in accordance

with the provisions of the Criminal History Record Information Act 18 Pa.C.S.§ 9101 et seq.

        AND TO ACCOMPLISH THAT PURPOSE, IT IS SPECIFICALLY ORDERED THAT:

        3.      The Clerk of Courts for Union County, Criminal Division, shall:

                a.      Provide Defendant or Defendant’s counsel with one certified copy of Defendant’s

                        Motion and this Order.
     b.       Serve one certified copy of the said Motion and Order upon the arresting police

              agency.

     c.       Serve one copy of the said Motion and Order on the District Attorney of       Union

          County and if this Order involves expungement of a case or cases finalized in the

          Magisterial Judge Courts (where there was a dismissal,           discharge or other final

          disposition at the Magisterial Judge level, and no bind-         over or appeal to, or

          other disposition in a court of record), serve one copy of the Motion and Order upon

          the proper issuing authority or authorities.

     d.       Note the expungement on the records of the within case, if the case was finally

              disposed of in the Court of Common Pleas.

4.   The arresting police agency, upon receipt of one certified copy of the Motion and

     Order from the Clerk of Courts, shall:

     a.       Note the expungement on the records of the within case maintained by the

              agency, and expunge from any local RAP sheets or their equivalent maintained

              by said police agency any reference to the within case; and

     b.       Within thirty (30) days of receipt of the Motion and Order, file with the Clerk of

              Courts, Criminal Division for Union County, an affidavit stating that

              Paragraph 4 of this Order has been complied with.

5.   The Pennsylvania State Police Central Respository shall:

     a. Expunge its records in accordance with this Order; and

     b. As required by the Criminal History Record Information Act, 18 Pa.C.S.§1922(d),

          “notify all criminal justice agencies which have received the criminal history    record

          information to be expunged” of this expungement order; and

     c.   Within thirty (30) days of receipt of this Motion and Order, file with the Clerk of

              Courts of Union County, Criminal Division, an affidavit stating that

              Paragraph 5 of this Order has been complied with.
      6.     The District Attorney and issuing authority, upon receipt of this Motion and Order, shall

             note the expungement of the records of their offices relating to the case.

      IT BEING FURTHER ORDERED, HOWEVER, THAT NOTWITHSTANDING THE ABOVE, AND
IN ACCORDANCE WITH THE CRIMINAL HISTORY RECORD INFORMATION ACT, NOTHING IN THIS
ORDER SHALL BE CONSTRUED TO REQUIRE:

      A.    The expungement of public records which are exempt from expungement by                   18

            Pa.C.S.§9104.

      B.    The expungement of other criminal justice information which is exempt from

            expungement by 18 Pa.C.S.§9105.

      C.    The expungement of information required or authorized to be kept by the prosecuting

            attorney, the central repository and the Court by 18 Pa.C.S.§9122 (c), relating to

            diversion or pre-conviction probation programs such as Accelerated Rehabilitative

            Disposition.



                                             BY THE COURT:

                                             ___________________________
                                             Judge