What diversion programs exist for non-DUI charges in Delaware County?

Last updated October 4, 2026.

For non-DUI charges, the Delaware County District Attorney runs several diversion programs: ARD for first-time or low-risk defendants, Misdemeanor Diversion for low-level, non-violent misdemeanors, the Young Offender Program for young adults charged with felony marijuana offenses, and treatment courts for drug addiction, mental illness and veterans. Most can end without a conviction if completed (one treatment court track requires a guilty plea), and admission is at the DA's discretion. Which one fits depends on the charge, your record and, for the treatment courts, an evaluation.

The programs differ in what you give up to enter them, so the choice is worth making early. For the overall process, see our criminal defense page.

How do the programs compare?

Sources: the DA's programs page (updated September 28, 2026), the September 2026 ARD application and the Young Offender Program application.

How does ARD work for non-DUI charges?

Only the District Attorney can move a case into ARD (Pa.R.Crim.P. 310), and the county says eligibility is decided case by case. To apply, a defendant must have a lawyer, be fingerprinted, waive formal arraignment, and send the ARD application, the entry of appearance and waiver of arraignment, and an ARD Rule 600 waiver to the Court Administrator at least 14 days before formal arraignment. If the case is already with a trial team, the application should arrive at least a week before the next court date, or two weeks if there is a civilian victim.

The September 2026 application lists the circumstances that make a non-DUI defendant ineligible:

• ARD or a criminal conviction within the past 10 years, or two or more earlier dispositions of any age;
• a prior conviction for a crime of violence;
• cases involving death or serious bodily injury, a child or vulnerable adult as victim, or ethnic intimidation;
• sexual offenses, kidnapping, human trafficking and hazing;
• drug manufacturing, sale, or possession with intent to distribute;
• any case in which a firearm was used or possessed;
• robbery, arson and residential burglary, and theft over $10,000;
• obstructing governmental operations, witness intimidation, threats to public safety, and animal cruelty.

The DA calls the list a general policy guideline; every application is reviewed on its merits. The arresting officer may comment and a victim may submit a written impact statement.

At the ARD hearing, held in open court, the judge confirms that you understand ARD offers a chance to earn a dismissal, and that if you do not complete it, you waive the statute of limitations and speedy trial rights for the time you were enrolled (Rule 312). Nothing you say at the hearing may be used against you in a criminal case, except for a false statement (Rule 313). Conditions can include probation terms and restitution but not a fine (Rule 316). If you violate a condition, the program can be ended and the case goes forward (Rule 318); if you finish, you move to dismiss, and the judge orders expungement with the dismissal unless the DA objects within 30 days (Rules 319 and 320). For the DUI version of ARD, which follows a separate statute, see DUI ARD in Delaware, Chester and Montgomery counties. How an expungement is filed, and what else can be cleared, is covered in expungement, limited access and Clean Slate. The ARD paperwork deadline is tied to the formal arraignment in Media, which our page on the Delaware County Courthouse explains step by step.

How does Misdemeanor Diversion work?

The Delaware County Misdemeanor Diversion Program is for low-level, non-violent misdemeanors and starts at the district court. Participants are fingerprinted, waive the preliminary hearing, and sign a participation form before leaving the district court. They complete a set number of community service hours, typically eight, at an approved non-profit, sometimes with added conditions such as anger management, and pay court costs. No plea is entered. Proof of completion goes to the DA's representative at least one week before formal arraignment; the Commonwealth then withdraws the prosecution and the participant does not have to appear. A new arrest or failure to comply ends the program and sends the original charges to the Court of Common Pleas. Because the program requires waiving the hearing, read what you give up by waiving a preliminary hearing. A common example is a first shoplifting case at the misdemeanor level; see how retail theft is graded.

What is the Young Offender Program?

It is an 18-month program for low-risk, first-time young adults charged with felony marijuana offenses. The application describes eligible charges as possession with intent to deliver, delivery or manufacture of less than one pound of marijuana (or fewer than ten plants), or of a noncontrolled substance, under 35 P.S. 780-113(a)(30) and (35). Applicants must be 18 to 25 at the time of the offense, with no added Title 18 crimes or non-summary vehicle offenses, no firearm or weapon, and a low risk and low need assessment. Participants waive the preliminary hearing, enter a nolo contendere plea that is held in abeyance, live in Delaware County, keep a job or full-time schooling, and stay drug and alcohol free. Successful completion ends in dismissal, with the chance to expunge the case one year later if there are no new arrests. The drug charges themselves are discussed on our drug crimes defense page.

What treatment courts are available?

• Drug Treatment Court: voluntary and 30 months long, with intensive supervision, treatment and vocational support. Applicants must be county residents with pending non-violent charges or probation violations, and a biopsychosocial evaluation is required. The DA lists violent crimes, serious DUI or drug charges and sexually based offenses among the disqualifiers; the drug penalties themselves are in drug possession penalties in Pennsylvania.
• Mental Health Court: for county residents 18 or older with a serious mental illness that contributed to the conduct. Felony sex offenses, felony crimes of violence and felony drug offenses typically disqualify, as do unresolved out-of-county charges; murder and manslaughter are never eligible.
• Veterans Treatment Court: for defendants who served in the military and have mental health or substance use issues, generally for non-violent offenses.

Earlier in the case, the county's Second Chance Court coordinator works from the preliminary arraignment to identify people who need substance use or mental health support, and the DA's Law Enforcement Treatment Initiative connects police with treatment resources. People already on supervision who face a violation should also read our page on probation violations, since the Drug Treatment Court accepts some probation violation cases.

What changes the answer?

• The charge. Misdemeanor Diversion is for low-level, non-violent misdemeanors; summary offenses such as many disorderly conduct cases follow their own path, explained in whether disorderly conduct and public drunkenness are crimes. Serious felonies, such as robbery, fall on the ARD exclusion list; see how robbery and burglary are graded.
• Your record. ARD or a conviction in the past 10 years, or two or more earlier dispositions of any age, rules out non-DUI ARD under the DA's guidelines.
• Your age. The Young Offender Program is limited to people 18 to 25 at the time of the offense; the felony marijuana charges it covers are explained in possession with intent to deliver.
• The victim. A victim may submit an impact statement, and cases with a child or vulnerable adult as victim are excluded from ARD.
• Treatment needs. The treatment courts depend on an evaluation and on county residence.
• Timing. Misdemeanor Diversion starts at the district court and ARD papers are due 14 days before formal arraignment, so a late decision can close a door.

For example: two first-time defendants, two programs

Here is a hypothetical. Two people with no record are charged on the same day in Delaware County. The first faces a misdemeanor for a minor non-violent incident. At the district court, she is fingerprinted, waives the preliminary hearing and signs the Misdemeanor Diversion form before she leaves. She completes eight hours of community service at an approved non-profit, pays costs, and sends proof to the DA's representative a week before formal arraignment. The Commonwealth withdraws the charges, and she never appears in Media.

The second faces a felony theft charge involving $4,000. Misdemeanor Diversion does not fit, but the amount is under the county's $10,000 ARD exclusion. His lawyer files the ARD application, the arraignment waiver and the Rule 600 waiver 14 days before formal arraignment. If the DA accepts him, he serves ARD probation, pays restitution, and moves to dismiss at the end, with expungement ordered unless the DA objects. This example is only an illustration; every case depends on its own facts.

What mistakes do people make with diversion?

• Leaving the district court without signing up. Misdemeanor Diversion forms are signed there, before formal arraignment.
• Missing the ARD paperwork deadline. The three documents are due 14 days before formal arraignment.
• Applying without a lawyer. The county will not consider an unrepresented ARD applicant.
• Assuming acceptance is certain. Every program is at the DA's discretion, and a new arrest can end it.
• Forgetting to clear the record. After a dismissal or withdrawal, expungement is the step that removes the record; see expungement, limited access and Clean Slate.
• Using ARD on a minor case when it may be needed later. Prior ARD counts against later applications for 10 years under the DA's guidelines.

What should I do this week?

1. Find the complaint and note each charge and its grade.
2. List every earlier arrest, ARD or conviction, in any state.
3. Note the preliminary hearing date and the formal arraignment date when you get it.
4. Get a lawyer and ask which program fits the charge and your record.
5. If treatment is part of the picture, gather any records of treatment already started.
6. Read what happens after an arrest in Delaware County to see where each program fits in the timeline.

Frequently asked questions

Is there a fine in ARD?

No. ARD conditions can include probation terms, costs and restitution, but a fine may not be imposed (Pa.R.Crim.P. 316).

Do I have to plead guilty to get diversion?

Not for ARD or Misdemeanor Diversion. The Young Offender Program uses a nolo contendere plea held in abeyance, and the Drug Treatment Court's Track II requires a negotiated guilty plea.

What happens if I do not finish ARD?

The program can be ended after a hearing, and the case goes forward on the original charges (Rule 318). Statements made at the ARD hearing cannot be used against you, except in a prosecution for a false statement (Rule 313).

How long does ARD last for a non-DUI case?

The county says probation generally runs six months to two years, and the statewide rules cap ARD at two years (Rule 316).

Where do diversion cases go in court?

Misdemeanor Diversion is handled from the district court; ARD hearings are held in open court at the Courthouse in Media. Our guide to where criminal, DUI and family cases go in Delaware County shows how they fit together.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about whether a diversion program fits your case.