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PA Bulletin, Doc. No. 02-1044



Amendment of Local Criminal Rule 320; No. 103 MI 00

[32 Pa.B. 2882]

Administrative Order No. 9-2002

   And Now, this 29th day of May, 2002, it is hereby

   Ordered and Decreed that, effective thirty (30) days after publication in the Pennsylvania Bulletin, the Carbon County Court of Common Pleas hereby Amends Local Rule of Criminal Procedure Carb.C.R.Crim.P. 320 governing the Expungement upon Successful Completion of Accelerated Rehabilitative Disposition Program for criminal cases.

   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.

President Judge

Rule 320.  Expungement Upon Successful Completion of Accelerated Rehabilitative Program.

   A.  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.

   B.  1.  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).

   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.  In all cases where 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 after the thirty (30) day objection period expires.

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

[Pa.B. Doc. No. 02-1044. Filed for public inspection June 14, 2002, 9:00 a.m.]

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