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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13898
Experience:  Experienced in multiple areas of the law.
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If you had a criminal record exppunged in pa ARD program

Customer Question

If you had a criminal record exppunged in pa "ARD" program would it show up on a background check? And if so how do you get it not to show up on any background check?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 6 years ago.
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.

A criminal 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.

Please let me know if you have additional questions or require more information.

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Customer: replied 6 years ago.
I received a letter from the court that the ARD was complete and the Expungement was done. How come it showes up on a web background check and how do I get it removed from background checks like
Expert:  RobertJDFL replied 6 years ago.
How long ago was the expungement done? If it was done automatically, and you were a first time offender, the Clerk of Courts is supposed to purge your name and case file from the system and notify all appropriate agencies. However, it can take 6 months from the time these agencies are notified to actually expunge your record, so if a background search was done before then, it will still show up.

If it's been longer than 6 months since the expungement, contact the Clerk of Courts in the county where you were charged and ask them to provide you with written proof or a certified order of the expungement.

Next, pull your rap sheet, or criminal record. Rap Sheets are kept on microfilm and electronic storage, at the PA State Police Central Repository in Harrisburg

Send the “Request for Criminal Record Check” Form (SP4-164) plus $10.00 M/O to the PSPCR (form can be downloaded from clicking on “criminal history request” then clicking on “Help” link).

If the record still shows up on the rap sheet, complete the "challenge form" attached to the sheet and return it to the Pennsylvania State Police within 30 days of receipt of the form. You can provide the certified copy of the expungement order you got from the Clerk as proof that the record should have been expunged.

Criminal agencies then have 60 days to review your challenge, though final corrections may take another 6 months.