Accelerated Rehabilitative Disposition (ARD) is a pre-trial diversionary program designed for first-time offenders in Pennsylvania. It provides an opportunity to avoid a formal conviction and the long-term consequences that follow. Upon successful completion, charges are dismissed, and the offender may have their record expunged. However, expungement doesn’t completely erase the offense—law enforcement, licensing agencies, and the Department of Defense (DOD) can still access ARD records. In the case of a DUI, the offense will remain on your driving record for 10 years.
Who is Eligible for ARD?
ARD is available to first-time offenders charged with relatively minor offenses. However, certain conditions apply, particularly for DUI cases. For instance, offenders with a prior DUI within 10 years or those involved in accidents causing injury or death are generally not eligible. Each county has its own guidelines for determining ARD eligibility for non-DUI cases, so it’s essential to work with a knowledgeable attorney to navigate these nuances.
Is ARD the Right Choice for You?
Many assume that ARD is the best option for first-time offenders, but it’s not always that simple. At The McShane Firm, we treat ARD as a last resort. Before recommending the program, we thoroughly evaluate your case to explore all possible defenses and outcomes. ARD can be beneficial, but it’s important to ensure that it’s the right legal strategy for your situation. Remember, ARD can only be used once, making it vital to weigh all options before deciding.
Benefits of ARD
- Dismissal of Charges: Upon successful completion of the program, charges are dismissed, and the record can be expunged.
- No Formal Conviction: You can legally say you were never convicted of a crime.
- Probation-Like Supervision: ARD is often referred to as “probation light,” requiring minimal involvement with supervisors if all conditions are met.
- No Jail Time: Successful ARD participants avoid a jail sentence.
- Reduced License Suspension: For DUI cases, ARD often results in a reduced suspension period for your driver’s license.
Potential Downsides of ARD
While ARD offers many benefits, there are downsides to consider. First, it can be costly due to program fees, fines, and other related costs. Additionally, if you hold a Commercial Driver’s License (CDL), participating in ARD for a DUI can result in a one-year disqualification of your CDL, even if your regular license remains intact. Finally, completing ARD doesn’t always make your record invisible—law enforcement and certain agencies will still have access to your ARD history.
The McShane Difference
At The McShane Firm, we approach every case with personalized attention and a client-focused strategy. We take the time to understand your specific needs and goals, offering clear and proactive communication throughout the legal process. We’ll make your journey through the ARD program as smooth as possible, minimizing disruptions to your personal and professional life.
If you’re facing charges and wondering whether ARD is right for you, don’t make a decision without exploring all your options. Contact The McShane Firm today to receive expert legal advice and representation. Call us at (717) 657-3900.
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