Rule 320.2 - Form of Proposed Order for ExpungementORDER OF DISMISSAL AND EXPUNGEMENT
AND NOW, this ________________________ day of ___________________, 20____, pursuant to Pa. R.Crim.P. 320, it is hereby ORDERED AND DECREED that:
1. The specific charge(s) as appearing on the (Complaint/Information), of: arising from the Defendant's arrest on____________, made by the Police Department, (is/are) hereby DISMISSED by the virtue of the Defendant's successful completion of the ARD program.
2.FURTHERMORE, in light of the Defendant's successful completion of the ARD Program and the above dismissal of the charges, it is ordered that all information collected by criminal justice agencies concerning the individual, and arising from the initiation of this criminal proceeding, consisting of identifiable descriptions, dates and notations of the arrest, in indictments, informations or other formal criminal charges and any dispositions arising therefrom be RETRIEVED AND EXPUNGED in regard to:
Defendant Name: | |
Date of Birth: | Social Security # |
Court of Common Pleas Docket # | OTN |
Magisterial District Judge Docket # | Magisterial District # |
3. In the event the Defendant was arrested for an offense enumerated in 75 Pa. C.S.A. § 3802 (relating to the offense of Driving under the Influence of Alcohol or Controlled Substance) this Order does not apply to the Department of Transportation pursuant to 75 Pa. C.S.A. § 1534(b).4. The Berks County District Attorney's Office shall, and the Berks County Adult Probation Office may, maintain a list of the persons whose records are required by this court to be expunged upon the successful completion of any partial or post-trial diversion or probation program. Such information shall be used solely for the purpose of determining subsequent eligibility for such programs. 18 Pa. C.S.A. § 9122(c).5. The Clerk of Courts shall seal the entire record and Court Information Management shall seal the electronic records to prohibit public access to them.6.This order shall be served on and applies to the following:(1)The Pennsylvania State Police Department;(2)________ Police Department;(3)Berks County Adult Probation;(4)Berks County Central Warrant Agency;(6)Berks County Bail Agency;(7)Berks County District Attorney's Office; (8)____________, Attorney for the Defendant;(9) Defendant's last known address of ___________ .BY THE COURT: