Legal Question--Need Help Please

[GCinPA1]

In 1999 I went through the ARD process for a M1 offense. I ran my history prior to trying to purchase a handgun. The PSP Patch report came back with No Record Found after 1 day of pending. I went to purchase a handgun and it was delayed for 10 days then denied. I have filed a challenge.

My question is does ARD count as a conviction? I was told by both the ADA and Public Defender that entering into the ARD program means that I was never convicted of a crime. I was able to check the court papers online and on there in said "ARD REMOVAL HEARING - DEFT COMPLIED".

Can someone please help me? I am confused by the situation. I don't see how my history can be used if I was never convicted and the PSP Patch report came back clean.

[jcabin]

Can someone please help me? I am confused by the situation. I don't see how my history can be used if I was never convicted and the PSP Patch report came back clean.

Most often when someone goes through ARD, you need to be convicted in the first place. So you were convicted, then completed ARD, and the conviction was cleared.

That's all I know, and will let someone else take over./

[Steve_NEPhila]

You should seek local legal counsel and file an appeal to the PICS denial.

[FormerUser123]

First of all, legal questions are for lawyers to answer. Also, welcome to the site.

Second, I'd like to be clear that IANAL, but I agree with Steve and jcabin (also not lawyers), ARD comes after the M1 conviction. AFAIK, you become restricted from owning guns if you are convicted of a crime that could result in a one (or is it two?) year sentence, regardless of whether or not you actually serve the full sentence.

And yes, you should definitely seek legal counsel. I'd suggest you seek legal counsel before filing a PICS challenge, because it is illegal to apply for a firearm if you know you've been convicted of a crime that carries the aforementioned sentence.

I also believe that the only way to clear your record, after being convicted, is through a governors pardon.

But again, IANAL, so take it FWIW.

[GCinPA1]

I did find this online from the PACode website. Any suggestions on a lawyer?


Rule 312. Hearing, Explanation of Program.
Hearing on a motion for accelerated rehabilitative disposition shall be in open court in the presence of the defendant, the defendant’s attorney, the attorney for the Commonwealth, and any victims who attend. At such hearing, it shall be ascertained on the record whether the defendant understands that:

(1) acceptance into and satisfactory completion of the accelerated rehabilitative disposition program offers the defendant an opportunity to earn a dismissal of the pending charges;

(2) should the defendant fail to complete the program, the defendant waives the appropriate statute of limitations and the defendant’s right to a speedy trial under any applicable Federal or State constitutional provisions, statutes or rules of court during the period of enrollment in the program.



Comment

Although acceptance into an ARD program is not intended to constitute a conviction under these rules, it may be statutorily construed as a conviction for purposes of computing sentences on subsequent convictions. See, e.g., Vehicle Code 3731(e)(2), added by 75 Pa.C.S. § 731(e)(2).

[GCinPA1]

Also, welcome to the site.

Thanks for the welcome. Hopefully I to will be a responsable gun owner like the members on this site are.

[Pa. Patriot]

IaNAL.

My understanding of ARD, after having consulted an attorney about the process previously, is that upon sucessful completion of an ARD sentence that one's record is not "automatically" cleared. And you must pay for and file for expungement in order to "finish the task" so to say.

Again, IANAL, and this is my recollection of a convo with an attorney from over a year ago.

If I were you I would contact a competent firearms attorney ASAP.

[FormerUser123]

If I were you I would contact a competent firearms attorney ASAP.

We all know who that is...

[GCinPA1]

We all know who that is...

I don't ....Help????

[Pa. Patriot]

I don't ....Help????

Start here:

Philip G. Kline
Attorney at Law
Quakertown, PA 18951
Phone: (215) 538-4444
Fax: (215) 538-0140

If you need others I can PM you a list.