Retail theft and Act 33 and 34 Clearances

About a year and a half ago I got caught shoplifting. I was arrested and charged with a summary offense.. After I completed all the classes and paid my fines I was given an ARD. My question is will this prevent my from getting my act 33 & 34 clearances? Thanks in advance for any answers!

Asked on June 29, 2009 under Criminal Law, Pennsylvania


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The ARD should not have the charge show up on a criminal record.

Pennsylvania Acts 33 and 34 require that prospective employees of agencies serving children (Act 33) and public and private schools (Act 34) present evidence to a potential employer or internship site of any criminal record with the State Police, or a statement from the State Police that such a record does not exist. Out-of-State residents must, in addition, present evidence of a FBI background check. These Acts were intended to cover employees of agencies and schools. Some agencies and school districts, acting on the advice of their solicitors, are also requiring these background checks for interns if the students involved are at least 21 years of age. The necessary forms for Act 33 and Act 34 (schools) can be found at: and

By admitting first time PA DUI offenders into the ARD program the state of Pennsylvania is able to avoid lengthy court proceedings and the defendant is able to have their DUI expunged from their criminal record once they complete the ARD program.  If you record is expunge it no longer exists. Thus you should not be prevented from getting clearance.

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