What Makes Someone Ineligible for ARD?
TL;DR Pennsylvania ARD Program
- A “Clean Slate” Opportunity: The Accelerated Rehabilitative Disposition (ARD) is a diversion program for first-time offenders that allows you to complete probation and treatment to have your charges entirely dropped and expunged without pleading guilty.
- Core Requirements: Participants must strictly follow program guidelines, which typically include a 12-month probationary period, payment of court fines, and completion of specific requirements like addiction treatment or anger management.
- Automatic Disqualifiers: You are generally ineligible if the offense was violent, you have a conviction or another ARD stint within the last 10 years, or if your case involved a DUI with a minor passenger or a serious injury/death.
- Prosecutorial Discretion: While common for first-time, non-violent offenses, admission isn’t guaranteed; it requires approval from the District Attorney, making the timing of your application and legal representation critical.
A criminal conviction can do a lot of damage to your life. It gives you a record and takes away your freedom if you’re incarcerated. That’s why Pennsylvania created the Accelerated Rehabilitative Disposition (ARD) program.
Rather than risk a conviction, people sentenced through ARD diversion programs have a chance to take rehabilitative measures (such as addiction treatment or anger management counseling) during a period of probation and have the charges entirely dropped. You don’t have to plead guilty, and the charges can be expunged.
But not everyone qualifies for ARD. To see if you’re a good candidate to enter ARD and get your charges dismissed and expunged, speak with a Pittsburgh criminal defense lawyer today. Call Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC at (412) 281-2146 for a free consultation.
Who Qualifies for ARD?
ARD is an excellent option for many first offenders, and people without a criminal history. While the prosecutor and the DA have to approve ARD, it is generally easy to get approval unless you are ineligible for some specific reason.
The following are the most common reasons people are ineligible for ARD:
- The charge was not a non-violent offense.
- You have a criminal record with multiple convictions, one of which was within the last 10 years.
- You have participated in ARD within the last 10 years.
- Your arrest was related to a DUI where a person was injured or killed.
- Your arrest was related to a DUI with a passenger under the age of 14.
- You have already been convicted for related charges at trial.
When is ARD a Good Option
If none of these apply to you, you probably qualify for ARD so long as you apply within the appropriate time limits. Once accepted, you have a second chance to get a clean slate.
ARD isn’t necessarily easy, though. You have to follow all the guidelines to the letter, pay the appropriate court fines, and stay out of trouble during the probationary period (usually 12 months).
For many of our Pittsburgh area clients, this is a great option that gets them back on their feet, but ARD isn’t for everyone. Sometimes a better option may be available, or they are ineligible for ARD. That’s why it is so important to discuss your options with an experienced Pittsburgh DUI attorney before deciding on what action to take.
Work with a Lawyer to Enter ARD
Determine your eligibility for ARD and get started with putting charges behind you. Call the experienced DUI lawyers at Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC today at (412) 281-2146 for a free consultation. Find out how we can help you get the best outcome possible, so you have the second chance you deserve.
Written & Reviewed By
Michael Worgul, Esq.
Pittsburgh Criminal Defense Attorney
Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC
Pennsylvania Bar · Admitted 2004 · U.S. District Court, Western District of PA
Michael Worgul has practiced criminal defense in Pittsburgh for over 20 years, handling cases across the full criminal spectrum, from misdemeanor traffic charges to federal racketeering. After graduating from Duquesne University School of Law (J.D., 2004), he spent two years representing indigent defendants at the Allegheny County Office of Conflict Counsel before founding his firm in 2008. He has completed 30+ jury trials, compared to a career average of 7 for most attorneys.
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Content reviewed for legal accuracy. This is not legal advice.