Must I report a criminal charge to the Pennsylvania licensing board if I received ARD?
As of April 15, 2018, the answer is most likely yes. On April 15th of 2018, Pennsylvania legislature law, P.L. 14, No. 6 became effective and requires a “licensee,” meaning a person issued a professional license from the Pennsylvania Bureau of Professional and Occupational Affairs, to report an Accelerated Rehabilitative Disposition (ARD), verdict of guilt, admission of guilt, plea of nolo contendre, or acceptance of Probation Without Verdict (PWOV) of any felony or misdemeanor offense to the appropriate licensing board within 30 days of that resolution being accepted by the court. To be clear, the triggering factor for reporting to the licensing board is the date of disposition of the case and NOT the date of arrest or date of filing of the charges. When a person is formally admitted into the ARD program at an ARD Placement hearing, or when a judge imposes a sentence following a guilty plea or conviction, that is the date that triggers reporting, and the licensing board must be notified within 30 days of that date.
Criminal Case Resolution Impacts Professional Licensing
By reporting the offense, it does not mean that the licensee will be suspended. Precisely how the criminal case was resolved will likely have a direct impact on how the licensing board handles the issue, so obtaining the best resolution in the underlying criminal case is extremely important. The key issue is that the appropriate licensing board is notified within the time constraints required by law. Failure to report can result in additional penalties and sanctions from the licensing board.
Is my professional license included under the mandatory reporting law?
The reporting requirement applies to most, if not all, professionally licensed occupations in Pennsylvania. Many people reading this post probably suspect that their licenses are included on the list but want to verify or confirm. For a list of professional licensing boards in Pennsylvania, you can review the Bureau of Professional and Occupational Affairs at this link.