HOW TO FILE AN ARD EXPUNGEMENT Disclaimer by the Court of Common Pleas of Lancaster County, Pennsylvania Neither the staff in the Center nor the staff in any Court office will be able to give you legal advice or help you fill out/complete the forms. The information in the packets is not a substitute for professional legal advice. The Court assumes no responsibility and accepts no liability for actions taken by users of these documents, including reliance on their contents. If you want to obtain the services of an attorney but do not know whom to contact, you may call the Lawyer Referral service at 393-0737. 06/06/17 2017 Judge Henry S. Kenderdine, Jr. Court Self Help Center
STOP!!! YOU MUST READ THIS INFORMATION BEFORE YOU START TO FILL OUT ANY FORMS IN THE PACKET! Beginning on January 6, 2018, all filings in the Lancaster County Court of Common Pleas must be in compliance with the Public Access Policy of the Unified Judicial System of Pennsylvania and Lancaster County Rules of Judicial Administration, Rule 520. There are links to the Policy and the Rule on the Court s website, www.court.co.lancaster.pa.us How does this impact my filing? First, beginning on January 6, 2018, if the document you are filing does NOT contain any Confidential Information or have Confidential Documents attached (see list below), you must file a Certificate of Compliance with your filing. A copy of a Certification is attached. (Form 1) Second, if the document you are filing contains any Confidential Information, you must complete and file the Confidential Information Form (CIF); a copy of this form is attached. (Form 2) Under Section 7 of the Public Access Policy the information listed below is considered Confidential Information, and it shall not be included on any form included in the packet. If the forms in your packet require you to include any of this information, you must put the information on the CIF and use the Alternative Reference suggested on the CIF on the form in the packet. 1. Social Security Numbers 2. Financial Account Numbers 3. Driver License Numbers 4. State Identification (SID) Numbers 5. Minor s Names and Dates of Birth 6. Abuse Victim s Address and other Contact Information, including employer s name, address and work schedule, in family court actions as defined by Pa. R.C.P. 1931(b) except for victim s name Finally, if you have attached any of the following documents to your filing, you must complete the Confidential Document form (Form 3) and file it with your pleading 1. Financial Source Documents 2. Minors Educational Records 3. Medical/Psychological Records 4. Children and Youth Services Records 5. Marital Property Inventory and Pre-Trial Statement (see Pa.R.C.P. No. 1920.33) 6. Income and Expense Statement (see Pa. R.C.P. No. 1910.27 ) 7. Agreement between the Parties (see 23 Pa.C.S. sect 3105) The Court or custodian is not required to review or redact any filed document for compliance with this policy. Failure to comply may lead to imposed sanctions.
CERTIFICATE OF COMPLIANCE Docket No. I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents. Signature (Attorney or pro se litigant) Print Name Attorney No. (if applicable) FORM 1
Accelerated Rehabilitative Disposition (ARD) Expungement If you have completed the ARD program, you can use this packet to file a Motion for Dismissal of Charges and Expungement of Record. If you are pursuing an expungement NOT related to completion of the ARD program, it is recommended that you consult an attorney; you may not use these forms. If you are not sure if you have completed the ARD program, please check your criminal record on the docket sheets on the UJS portal-www.pacourts.us Please complete the following steps to petition the court for an ARD expungement 1. Prepare your Motion for Dismissal and Expungement You will need to complete the attached Motion with the following information ; (a) (b) (c) (d) (e) (f) (g) (h) (i) Your full name, address, any aliases, date of birth and social security number; Court of Common Pleas docket number; OTN (offense tracking number); Complete name and address of judge who heard your case/accepted your plea; Date of arrest/date on complaint and name and address of Criminal Justice agency which made arrest Specific charges to be expunged as they appear on Criminal Complaint Reason for expungement; Date of acceptance into ARD and length of program; Disposition of fines, costs and restitution, if any; Criminal Justice agencies upon which certified copies of the order shall be served. The following is a list of criminal justice agencies that you might need to serve Pennsylvania State Police Expungement Unit; Magisterial District Judge; Police Department that made arrest; FBI; Court Administration; District Attorney's Office; Bureau of Collections; 2017 Judge Henry S. Kenderdine, Jr. Court Self Help Center 2
(j) Court Reporters; Lancaster County Prison; and Any other police department, office, agency or keeper of criminal records involved in the case. You must include the mailing address of any office/agency that is not on the above list. Sign and date the attached Verification form. 2. Complete the Affidavit Form (Exhibit A). This document needs to be notarized prior to filing the Expungement motion. 3. Complete the Certification of Agency Form (Exhibit B ). This document needs to be signed and completed prior to filing the Expungement Petition by the Adult Probation and Parole Services Office, located at 40 E. King St., Lancaster, PA. This needs to be filled out by the Probation Officer that supervised your probation period. For additional information, please call (717) 299-8016 or visit http//www.co.lancaster.pa.us/courts/site/default.asp. 4. Complete a Certificate of Service Form (Exhibit C). You must serve a copy of this Order and Motion simultaneously with filing. Service of this Order and Petition must be by personal delivery or by mailing one copy of each by U.S. first class mail, postage pre-paid, in accord with Pa.R.Crim.P. 576(B). If you choose the personal delivery option, you must deliver a copy of the Order and Motion to the District Attorney of Lancaster County; the District Attorney s Office is located on the fifth floor of the courthouse. If you choose to mail a copy of the Order and Motion, the appropriate address is District Attorney of Lancaster County 50 North Duke Street P.O. Box 83480 Lancaster, PA 17608-3480 Regardless of which service option you choose, you must type or write the above address on the blanks provided on the Certificate of Service. You must fill in the date line on the Certificate of Service indicating the date you actually either personally delivered or mailed your Order and Motion. You must also attach a completed copy of your Certificate of Service to your Motion before you file and serve it. 2017 Judge Henry S. Kenderdine, Jr. Court Self Help Center 3
5. Prepare the Proposed Order for Dismissal and Expungement You will need to complete the attached order with the following information (a) Your full name, address, any aliases, date of birth and social security number; (b) Court of Common Pleas docket number; (c) OTN (offense tracking number); (d) Complete name and address of judge who heard your case/accepted your plea; (e) Date of arrest/date on complaint and name and address of Criminal Justice agency which made arrest; (f) Specific charges to be expunged as they appear on Criminal Complaint; (g) Reason for expungement; (h) Date of acceptance into ARD and length of program; (i) Disposition of fines, costs and restitution, if any; and (j) Criminal Justice agencies upon which certified copies of the order shall be served see list above for examples of criminal justice agencies that may need to be served. PLEASE NOTE IF YOUR ORDER DOES NOT CONTAIN ALL OF THE REQUIRED INFORMATION, IT MAY BE REJECTED BY THE COURT OR THE ADMINISTRATIVE OFFICE OF THE PENNA. COURTS. IF THE ORDER IS REJECTED, YOU WILL BE REQUIRED TO RE-FILE YOUR PETITION AND PAY THE FILING FEE AGAIN. 6. File the Original and fourteen (14) copies with the Clerk of Courts. The Clerk of Courts office is located on the 2nd Floor of the Courthouse. A $137.00 NON-REFUNDABLE filing fee is required at the time of submission. This payment must be in cash or money order. 7. Please note-the District Attorney may object to the expungement petition. If objections are filed, you will receive notice of the objections. At that point the Court will either deny the petition or schedule a hearing on the objections. * If you are pursuing an expungement not related to completion of the ARD program, it is recommended that you consult an attorney. 2017 Judge Henry S. Kenderdine, Jr. Court Self Help Center 4
IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA v. DOCKET NO. (name) OTN MOTION FOR ORDER DISMISSING CRIMINAL CHARGES AND TO EXPUNGE CRIMINAL RECORD The Motion of (name), the above-named Defendant/Petitioner, respectfully represents as follows 1. Petitioner may also be known as (list all aliases); petitioner s address is ; petitioner s date of birth is ; petitioner s social security number is. 2. The Hon. of the Lancaster County Court of Common Pleas, 50 N. Duke St., Lancaster, PA 17602 accepted petitioner s plea or heard the petitioner s case. 3. On (date of arrest/date on complaint) Petitioner was arrested by (name and address of criminal justice agency that made arrest). CSHC
4. On or about, (date of acceptance into ARD), petitioner, after accepting the conditions of probation and agreeing to comply with the terms therewith, was placed in the Accelerated Rehabilitation Program for a period of (period of time in ARD). 5. Petitioner is requesting dismissal of criminal charges and expungement of criminal record for the following reason. In support thereof, Petitioner has attached an affidavit, which is marked Exhibit A. Also attached to this Motion, as Exhibit B, is the Certification of the Adult Probation Department. 6. A true and correct copy of this Motion and supporting documents was served upon the District Attorney of Lancaster County. 7. Petitioner is therefore requesting that the following charges be dismissed and expunged from his/her criminal record (list separately) 8. The disposition of petitioner s case also included the following fines, costs and/or CSHC
restitution, and petitioner has made the payments indicated below 9. The following criminal justice agencies shall be served with certified copies of the order WHEREFORE, Petitioner requests the Court to enter an Order granting his/her request(s) contained herein. Respectfully Submitted, Dated (signature of Petitioner) (print name) (address) (address) (telephone number) CSHC
VERIFICATION I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date Petitioner/Defendant CSHC
IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CRIMINAL COMMONWEALTH OF PENNSYLVANIA Docket No. V. OTN No. ORDER AND NOW, this day of, 20, upon consideration of the foregoing Motion of Defendant, the Court discharges and dismisses the proceedings against Defendant without adjudication of guilt, and orders that this prosecution shall not constitute a conviction for any purpose whatsoever, unless provided otherwise by law. It is further ORDERED and DECREED that the Clerk of Courts of Lancaster County, the criminal justice agencies listed below, the Magisterial District Judge, and all other keepers of the criminal records in this case who are to be served with a copy of the Order, except the Pennsylvania Department of Transportation pursuant to the Vehicle Code, 75 Pa. C.S.A. 1534 (b), shall expunge and destroy all arrest records, files and any other documents pertaining to the arrest or prosecution for the charge(s) listed below; pursuant to the Defendant s successful completion of Accelerated Rehabilitative Disposition (ARD); and to request, insofar as they are able, the return of such records that they have made available to federal and other state agencies, and to destroy such records upon receipt thereof. It is further ORDERED to file with this Court, within thirty days receipt of this Order, an affidavit that such records have been expunged and destroyed, together with the Court s CSHC
expungement order, and to retain no copies thereof. 1. Identifying information of Petitioner (a) Petitioner s name and all aliases that petitioner has used (b) Petitioner s address (c) Petitioner s date of birth (d) Petitioner s social security number 2. Name and address of judge of Court of Common Pleas who accepted the plea or heard the case 3. Name and mailing address of affiant on the criminal complaint, if available 4. Date of arrest/date on complaint and name of criminal justice agency that made arrest, if available 5. Specific charge(s) to be expunged (list separately) CSHC
6. Disposition include sentence, fines and costs, and restitution AND indicate if amount due has been paid 7. Reason(s) for expungement 8. Criminal Justice agencies upon which certified copies of this Order shall be served BY THE COURT ATTEST. Judge CSHC
EXHIBIT A IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA v. DOCKET NO. (name) OTN AFFIDAVIT I, (name), being duly affirmed according to law, does hereby depose and say that the facts contained herein are true and correct; that your affiant is the abovenamed Defendant and makes this application requesting the Court to enter an Order dismissing the aforesaid charges against him. Defendant further swears and affirms that he has satisfactorily completed the program and complied with its conditions. (signature) Sworn to and subscribed (name) Defendant before me this day of, 20. Notary Public My commission expires CSHC
EXHIBIT B IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA v. DOCKET NO. (name) OTN CERTIFICATION OF AGENCY CHARGED WITH SUPERVISION OF DEFENDANT I, (name of probation officer), being a Probation Officer of the Lancaster County Adult Probation Office does, hereby certify that I supervised the probation of Defendant,, imposed by the Court of Common Pleas of Lancaster County; that I am aware of the terms and conditions of Defendant s probation and that Defendant has complied with the terms and conditions of the probation and the signer herein does so certify. (S) (name of probation officer) Dated CSHC
EXHIBIT C IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA v. DOCKET NO. (name) OTN CERTIFICATE OF SERVICE I, hereby certify that on this day, one (1) copy of the foregoing, Motion for Order Dismissing Criminal Charges and to Expunge Criminal Record, was served upon the person at the address set forth below by, (list type of service), in compliance with Pa.R.Crim.P. 576(B)(2) Dated Defendant s Name Defendant s Address Defendant s Telephone Number CSHC