Photo: Marc Schefsky (middle back row) with the rest of the WASD school board members
On Monday, retiring Lycoming County Common Pleas Court Judge Marc Lovecchio imposed an ARD Program sentence on Marc Schefsky, former WASD school board member who was charged with misedemeanor false swearing for voting in the November election.
Based on information obtained from Philadelphia attorney Wana Saadzoi, Esq. “The Accelerated Rehabilitative Disposition (ARD) Program” is considered a diversionary or “first time offender” program, designed to divert first time offenders for different charges like DUI in PA, PA Drug Charges, or other crimes from entering the criminal justice system.
When a first time offender is accepted into the ARD program, the Commonwealth of Pennsylvania suspends the charges against the offender, but requires that certain court-ordered conditions are followed.
These conditions may included drug and alcohol counseling, community service, restitution, etc. Similar to a probationary program, the ARD program requires a period of supervision.
Benefits of the Pennsylvania ARD Program
There are several key benefits to being accepted into the ARD program, the biggest being avoidance of jail time and not being labeled as a convicted criminal, but also possible avoidance of losing a driver’s license, and also avoiding costly and time consuming legal proceedings, court dates and hearings that people entering the criminal justice system must go through.
Once the ARD program is completed successfully, the original criminal charges are dismissed, and the offender may, 30 days after completion of the program, request the court to expunge the offender’s arrest record and ARD participation. Bear in mind that the ARD records will always be in the office of the District Attorney.
In Pennsylvania, admission into ARD is controlled by the District Attorney, who has broad discretion as to whom to allow into the program. Typically your criminal attorney will assist you in the process of admission into the ARD program but your counsel should caution you that there are no guarantees.
You will not be “convicted” of a crime if you enter the ARD program. Furthermore, the loss of your license to drive privileges will be for a short period of time, rather than the full year for a first time DUI conviction.
Additionally, 30 days after completion of the program, you can go to court to get the arrest record and ARD record expunged- cleaned up completely and removed from your past.
Different counties have different stipulations and different application processes.
This is a developing story on TalkWilliamsport.com.
