Skip to main content

I received AARD for a Possession charge 10 years ago, can I still obtain a CCW Permit in Pennsylvania?

Conshohocken, PA |

Over 10 years ago I was charged with possession of a small amount of marijuana and paraphrenalia. I entered a guilty plea and was granted entrance to PA's AARD program. I finished the program and was told that my record would be clean after completion of the program and after 7 years had passed. With that Misdemeanor Drug possession charge am I still able to obtain my CCW permit in PA?

Attorney Answers 3

Posted

I am a bit confused by your answer when you say you entered a guilty plea AND entered into the ARD program. It is a critical distinction because if you entered a guilty plea to any drug charge, you will never be eligible for a concealed carry permit in Pennsylvania. However, if you entered into ARD and successfully completed it, it should not have resulted in an actual conviction and should not be a bar to obtaining a permit. Answer the question on the application appropriately as to whether or not you were "convicted." Good luck.

David Bradley
Bradley Law Firm, LLC

Mark as helpful

1 found this helpful

2 comments

Asker

Posted

Thank you David. I entered ARD at the preliminary hearing, therefore I am assuming that I did not plead guilty. It all happened over 10 years ago so my memory is a bit hazy. I remember being in front of a judge only 1 time, and at that point I was granted ARD and completed the program without a hitch.

David Bradley

David Bradley

Posted

Ok, that makes sense. As long as you were not violated for failing to complete the ARD (which would have brought you back before a judge), you should be fine. When you make application for the permit, you will be required to go to your local police department and obtain what they call "police check card" which will give you a heads up if there is any problem before you submit the application to the Sheriff's Department. Again, good luck.

Posted

If you received ARD you should be fine. If you were convicted (plead guilty) then probably not.

Mark as helpful

1 lawyer agrees

1 comment

Asker

Posted

Thank you for your insight Ellis. Based on my situation I believe that I should be fine.

Posted

Also, even if you went through the ARD program, you may have to file a motion to have the record expunged, This is because the record of your arrest (not a conviction record if you went ARD) will still be in the criminal background data base, unless you get it expunged.

Mark as helpful

1 comment

Asker

Posted

Thank you Michael. I was under the impression that any charges on my record would be expunged after 7 years automatically. Now I'm thinking that is not the case. What is the easiest and most effective way to get my record expunged quickly?

Civil rights topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics