ARD FAQ
ARD FAQ
If eligible for expungement, once your ARD case has been successfully completed including full payment of all costs, an expungement order will be submitted by our department for the Judge to sign. Once signed, the order is sent to the Clerk of Courts and a copy will be distributed to you. Your internal record in our office will be expunged. A completed expungement order is sent to the Magisterial District Judge, the arresting police department, and to the Pennsylvania State Police for expungement from the central database. This is a lengthy process that can take several months to complete. If there is a civil judgement attached to the docket, it will be expunged as well. Currently, our office is only expunging Non-DUI ARD cases. This is due to the 10-year expungement ruling which impacts ARD DUI cases with a placement date of July 1st, 2020 or after.
Reporting for ARD will primarily be done by phone or email. However, there are times when reporting in person will be required, depending on your situation.
If you fail to complete special conditions prior to the max date, your case will be scheduled for a termination/removal hearing before the sentencing Judge. If you still owe fines/costs at the time of your max date, we will close out your case, but if otherwise eligible, we cannot expunge your case until the balance is paid in full, meaning your arrest will remain visible for the general public to access in criminal record searches. Restitution must be paid in full prior to your max date or a termination/removal hearing will be scheduled.
We do not transfer ARD cases for supervision in other counties.
Court costs are made up of the following:
- 1. Fees: In Pennsylvania, court fees are imposed in almost every case with a disposition unless a Judge waives them. When court fees are paid, the money goes to the court and other state agencies to pay for criminal justice system operations.
- 2. Supervision Fees: Act 1991-35 indicates that a supervision fee be imposed in ARD/probation and/or parole sentences when an offender is under supervision of the county probation department. In Berks County the supervision fee is $50 per month.
- 3. Fines: Imposed by a Judge as part of a sentence for a criminal conviction.
- 4. Restitution: Money owed to a crime victim. A victim can be a person, organization, or even the government.
To early complete an ARD sentence, you must serve at least half your sentence with no rule violations, complete all special conditions, and fines/costs/restitution must be paid in full. Once these requirements are met, the District Attorney must approve as well as the sentencing Judge.
During supervision, an offender may be asked to submit urine samples to verify compliance with the conditions of supervision, or to identify any ongoing substance use for treatment referral purposes.