Do I Need to Report Expunged Charges on an ARD Application?

Do I Have to Report Expunged Charges on a Pennsylvania ARD Application?

When applying for Accelerated Rehabilitative Disposition (ARD) in Pennsylvania, many applicants are surprised to learn that the application may require disclosure of prior criminal charges—even those that have been expunged or sealed. Understandably, people fear that disclosing past incidents could result in denial of ARD, and some may be tempted to lie. However, doing so can lead to serious legal consequences.

Lying on an ARD Application Can Lead to New Charges

Almost all ARD applications include a certification clause, where the applicant signs under penalty of law that the information provided is true and complete. Submitting false information could result in a misdemeanor charge of Unsworn Falsification to Authorities under 18 Pa.C.S.A. § 4904. Trying to hide past offenses—even those expunged—may backfire and result in additional criminal charges.

Do Expunged or Sealed Records Have to Be Reported?

The answer is: it depends. Whether an expunged case must be disclosed on an ARD application hinges on how the law in the state that issued the expungement treats those records. Pennsylvania courts have ruled differently based on the specific expungement statute involved and the state where the record originated.

Relevant Case Law:

• Commonwealth v. Fleming, 955 A.2d 450 (Pa. Super. 2008)

  • Maryland expungement law barred the use of expunged records, so the defendant did not have to report a prior Maryland felony drug conviction on his Pennsylvania ARD application.

• Commonwealth v. Jagodzinski, 739 A.2d 173 (Pa. Super. 1999)

  • Ohio expungement law allowed expunged records to be considered in diversionary programs like ARD, so the defendant was required to disclose the expunged charge.

• Commonwealth v. Belville, 711 A.2d 510 (Pa. Super. 1998)

  • Pennsylvania expungement law did not prohibit consideration of a prior DUI ARD, so the defendant had to report the prior ARD.

• Commonwealth v. Benn, 675 A.2d 261 (Pa. 1996)

  • Expungement under Pennsylvania’s Drug Code barred consideration, so the prior charge did not have to be reported.

Why You Need a Criminal Defense Lawyer

The key takeaway: each case must be evaluated based on the specific expungement laws involved. The laws vary not only between states, but also depending on the type of offense and type of expungement granted. Misinterpreting these rules could result in denial of ARD—or worse, new criminal charges.

For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.