Good afternoon, thank you for your question.
The record of a court
case from an ARD would still show up in a background check. However, if a person has successfully completed an ARD, they can petition the court to have their record expunged by preparing a Motion for Dismissal and Expungement
. An expunged record cannot be released to the public and will not show up in background checks.
Note that a person is not eligible for expungement if placed in an ARD program and victim was under the age of 18 for any of the following offenses:
Section 3121 (relating to rape
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 5902(b) (relating to prostitution
and related offenses).
Section 5903 (relating to obscene and other sexual materials and performances).
18 Pa.C.S.A. § 9122.
defense attorney can help prepare the forms for you, or you can do them yourself. If you want to do it yourself, contact the Clerk of the Court in the County where you were charged and ask for the forms. Here
are the forms and instructions for Lancaster County, as an example. The forms and filing instructions would be almost identical if you are in a different county.
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