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PA Bulletin, Doc. No. 01-818

THE COURTS

Title 255--LOCAL
COURT RULES

CARBON COUNTY

Adoption of Local Criminal Rule CARB.C.R.CRIM.P. 320: Automated Expungement Under ARD Program and Rescission of Local Criminal Rule CARB.C.R.CRIM.P. 320.1; No. 60 MI 01

[31 Pa.B. 2472]

Administrative Order No. 15-2001

   And Now, this 23rd day of April, 2001, it is hereby Ordered and Decreed that, effective June 1, 2001, the Carbon County Court of Common Pleas hereby Adopts Local Rule of Criminal Procedure CARB.C.R.CRIM.P. 320 governing the automatic expungement of cases where successful completion of the ARD program has occurred and Rescinds Local Rule of Criminal Procedure CARB.C.R.CRIM.P. 320.1 for proper numbering.

   The Carbon County District Court Administrator is Ordered and Directed to do the following:

   1.  File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy with the Pennsylvania Criminal Procedural Rules Committee.

   4.  Forward one (1) copy for publication in the Carbon County Law Journal.

   5.  Forward one (1) copy to the Carbon County Law Library.

   6.  Keep continuously available for public inspection copies of the Order and Rule in the Clerk of Court's Office.

By the Court

RICHARD W. WEBB,   
President Judge

Rule 320.  Automated Expungement Under the Accelerated Rehabilitative Disposition Program.

   (A)  Expungement

   1)  At the end of each month, the Adult Probation Office shall prepare a list of all cases/defendants who have successfully completed the ARD Program during the month. A copy of the list shall be provided to the District Attorney and District Court Administrator noting when the thirty (30) day objection period expires.

   2)  The District Attorney shall review the list, make notation on the list of any case(s) in which objections will be filed, approve the list by initialing it, and forward it to the District Court Administrator.

   3)  If the District Attorney objects to the automatic expungement, the District Attorney shall follow the procedure set forth in Pa. R.Cr.P. 320(b).

   4)  If no objections are noted, the District Court Administrator shall prepare the Expungement Orders and Letters and shall expunge the cases from the public access screens of the Court Computer Database System.

   5)  The Court and other offices as prescribed by law shall maintain a confidential list of completed expungement cases.

[Pa.B. Doc. No. 01-818. Filed for public inspection May 11, 2001, 9:00 a.m.]


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