The fourth step is to apply for ARD. With the DA.
What does it mean?
Applying for ARD means that you have to submit a request, in writing, saying that you want to be considered for ARD.
Simple enough. But you also have to do it the right way, which we discuss below.
How to do it?
There is a form for the written request for ARD consideration.
According to the DA, you need to “complete” and “provide” the form to his office “seven (7) days prior” to your formal arraignment date.
Let’s break it down.
Get the application.
The form comes in a packet, which you can get at various places.
In a packet.
The packet includes an order, application (and agreement), motion, and conditions.
There is a packet for DUI cases. And another packet for other cases.
What about the waiver?
According to the DA, you also need to complete a “waiver” form for DUI cases. As of December 29, 2025, the waiver form is no more. But there is now an “Admission Colloquy” for DUI cases. We will talk about it later, in Extra Step 2.
At various places.
You can get the packet at Central Court, the DA’s website, the Court of Common Pleas Self-Help Center, or right here!
“Complete” it.
You need to complete the application, not the order or motion or conditions. But read them all!
The application.
There are a bunch of blanks on the form, but it does not say who needs to do what except at the end of the form. There is a spot for you to sign.
In our experience, that is the only thing you need to fill in. The other parts are normally filled in by someone else (e.g., prosecutor or judge).
You should, of course, read the form first and sign it only if you know what you are signing.
Tall order
That may be a tall order. We question how many people (lawyers included) actually understand the form and what it says.
Warning
The form includes a statement about your prior criminal history. Read it carefully. Do not sign the application unless the statement is true (for you). If it is not true, because you do have some history but still want to be considered for ARD, you should add that history in the margins or supply it an attachment to the application.
Not the order or motion.
You do not need to touch the order or the motion. The motion is for the DA. The order is for the Court.
Keep together
We suggest that you keep all the forms together. It will make things easier for the DA and the Court to process.
To SRL clients
We will help fill in some of the blanks on the form. We will provide you with a copy of the terms and conditions per the Court Administrator as a matter of course. We will give you with a link to ARD contract fees per the Clerk of Courts upon request. We will also provide you with the restitution requested, if we have that information. We often do not learn that until the day of court, though.
To self helpers
If you do not understand something on the form, ask. If the question is about your financial obligations, check with the Clerk of Courts. If it is about restitution, check with the DA. If it is about probation, check with the Probation Office. You can also ask the Court. Good luck with that. Some people may not have much patience for questions.
To the DA/Court
The form would be better if it did not have all of those blanks.
The applicant is not merely asking to be considered for ARD with his/her signature. S/he is also being asked to “agree” to what the form says, even though parts of it are filled in later, after the signature.
Not fair, in our view.
The form should also ask the applicant to state his relevant prior criminal history rather than asking for an affirmation of the DA’s statement about same. A request is more likely than a confirmation to get people’s attention.
“Provide” it to the DA.
You need to provide the completed application form to the DA.
You can walk it in or mail it in. You can also hand deliver it to a prosecutor at the preliminary hearing (if you appear for that and have not already waived it).
What if you email (or fax) it in?
Don’t! They do not want a copied or digital signature from you. They want the original. If you email it, you will probably have to sign it again.
With request for exception (if any).
If you believe you may be disqualified for some reason or another, consider submitting a request for an exception with the application.
You can also submit documents that support your request (e.g., mitigation evidence, defect in prosecution’s case).
Requesting reconsideration
You may also want to consider doing this in support of a request for reconsideration if your ARD application is denied.
We discuss this more in our article(s) on eligibility.
To SRL clients
We will normally mail in the form or walk it in to the DA’s office, with a cover letter and only after copying the letter and the completed form. Why? Because if something gets misplaced, we then have evidence that we provided the form.
To self helpers
If you do give it to a prosecutor at the preliminary hearing (which is common), ask for his/her name. Take notes on what happened. You can also follow up with the DA to confirm they have received the application and have it on file.
7 days “prior.”
You need to provide the completed application to the DA in a timely fashion.
According to the DA, that means 7 days prior to formal arraignment. That might be hard to do, especially if the date fell on a weekend!
We think the DA really meant to say anytime at least 7 days prior to that date (and after the preliminary hearing), not necessarily on the 7th day prior to that date.
What is formal arraignment?
That is another way of referring to the arraignment before the Court of Common Pleas. Doing that distinguishes it from the preliminary arraignment, which takes place before a Magisterial District Court.
To SRL clients
We will send in the completed form early, often way in advance. We typically go over the form with you during the meeting before your preliminary hearing.
There is no point in waiting unless there is an issue with your criminal history we need to look into.
To self helpers
Don’t wait until the last minute! It can take some time for the DA to process ARD applications, especially if you are from out of state.
To the DA/Court
The process would be better if a defendant could turn his application in after seeing his rap sheet.
It’s too easy to make a mistake in some cases, and the language of the form is unforgiving. It says that a person may be prosecuted for a crime if the information is incorrect. Not fair, in our view.
Who says you have to?
The Pennsylvania Rules of Criminal Procedure don’t exactly say that an application is required, but they appear to suggest it.
At the same time, they recognize that no particular form of ARD application or application procedure is required.
In any case, the DA has made the ARD application a specific eligibility requirement.
This is another “do” requirement.
What if you don’t?
If you don’t apply, you don’t get ARD. You have to apply to get ARD.
Will the DA make an exception for you? Possibly. As to the timing of the application. We see it happen every now and then. But don’t count on it.
If the DA does make an exception for you, you will still have to sign the application before you go in front of the Judge.
The DA does have a heart
For example, we have seen the DA consider people for ARD who submit their applications late or who may have overlooked their own eligibility and did not even ask to be considered. The DA does not have to, and might not, in a given case.
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