Rule 319. Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program.

 When the defendant shall have completed satisfactorily the program prescribed and complied with its conditions, the defendant may move the court for an order dismissing the charges. This motion shall be supported by affidavit of the defendant and by certification of the agency or person charged with supervising the defendant’s program, if any. A copy of the motion shall be served on the attorney for the Commonwealth who shall within 30 days after service advise the judge of any objections to the motion, serving a copy of such objections on the defendant or the defendant’s attorney. If there are no objections filed within the 30-day period, the judge shall thereafter dismiss the charges against the defendant. If there are objections filed with regard to the dismissal of charges, the judge shall proceed as set forth in Rule 318.

Comment

   In some counties, court agencies or the district attorney’s office have procedures for initiating the dismissal of the charges upon the defendant’s successful completion of the program. This rule is not intended to preclude these procedures.

   For the procedures for expungement when there is a dismissal, see Rule 320.

   Official Note

   Rule 185 approved May 24, 1972, effective immediately; amended April 10, 1989, effective July 1, 1989; renumbered Rule 319 and amended March 1, 2000, effective April 1, 2001.

   Committee Explanatory Reports:

   Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).



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