"Section 17" Probation
Individuals charged with possession of drugs in PA who have no prior criminal record may be eligible for a program that permits them to undergo a period of probation after which the charges are legally dismissed. This is called "Section 17 Probation" because the result is provided in paragraph 17 of the "The Controlled substance, Drug, Device and Cosmetic Act" in PA. This program in similar to the Accelerated Rehabilitation Disposition (ARD) Program.
Individuals who successfully complete the Section 17 Program or ARD Program in PA may petition the court to have their criminal record expunged. Such criminal records should be expunged so that employee background checks do not uncover records of the arrest and Section 17 disposition. To do this one must obtain a court order providing that all records connected with the charge or Section 17 / ARD disposition be expunged and destroyed. This order should direct all recipients to produce an affidavit assuring that all documents relating to the arrest - including arrest photographs and fingerprint records - have been destroyed. It is important to retain an attorney who will be diligent in making sure the agencies follow through with their court-ordered directives and destroy these records.
