Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 3 - ACCELERATED REHABILITATIVE DISPOSITION (ARD)
Part B - Court Cases
Rule 320 - Expungement Upon Successful Completion of ARD Program

Universal Citation: 234 PA Code ยง 320

Current through Register Vol. 53, No. 52, December 30, 2023

(A) When the judge orders the dismissal of the charges against the defendant, the judge also shall order the expungement of the defendant's arrest record, subject to the provisions of paragraph (B). The expungement order shall contain the same information that is required in Rule 490(C) in summary cases and Rule 790(C) in court cases.

(B) If the attorney for the Commonwealth objects to the automatic expungement, the objections shall be filed with the judge, together with the objections to dismissal, if any, within 30 days after service of a motion for dismissal under Rule 319, and copies of the objections shall be served on the defendant or the defendant's attorney.

(C) If the objections are filed, the judge shall hold a hearing on the objections, affording all parties an opportunity to be heard.

The provisions of this Rule 320 amended March 14, 2011, effective 4/1/2011, 41 Pa.B. 1759.

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